justicedao/ipfs_state_laws huggingface dataset:
845-010-0915 Grape Variety Names (1) A person may use a single grape variety name as a type designation on a wine brand label only if the wine derives at least 90 percent of its volume from that grape variety. (2) As an exception to section (1) of this rule, a person may use any of the following type designations for a wine that derives at least 75 percent of its volume from grapes of the named variety: (a) Cabernet franc; (b) Cabernet Sauvignon; (c) Carmenère; (d) Durif (Petite Sirah); (e) Grenache (Garnacha); (f) Malbec; (g) Marsanne; (h) Merlot; (i) Mourvèdre; (j) Petit Verdot; (k) Roussanne; (l) Sangiovese; (m) Sauvignon blanc (Fumé blanc); (n) Sémillon; (o) Syrah; (p) Tannat; (q) Tempranillo; (r) Zinfandel. (3) The Commission may revise the list in section (2) of this rule. (4) A person may not use in any manner on a wine label a name that might be mistaken for a grape variety name, such as those listed in the Code of Federal Regulations, 27 CFR 4.91. Statutory/Other Authority: ORS 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446 History: OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 11-2006, f. 8-21-06, cert. ef. 9-1-06 OLCC 14-2004, f. 11-18-04 cert. ef. 12-1-04 OLCC 8-2003, f. 5-20-03, cert. ef. 6-1-03 OLCC 5-1999, f. 3-18-99, cert. ef. 4-1-99 OLCC 8-1995, f. 11-24-95, cert. ef. 12-1-95 OLCC 2-1995, f. & cert. ef. 4-4-95 OLCC 26-1987, f. 12-30-87, cert. ef. 1-1-88, Renumbered from 845-010-0292 LCC 17-1978, f. 12-26-78, ef. 1-1-79 LCC 59, f. 2-18-77, ef. 3-1-77
845-010-0920 Appellation of Origin (1) An appellation of origin must appear on every wine brand label in direct conjunction with, and in lettering as conspicuous as, the wine's class or type designation. (2) If the appellation of origin claimed or implied anywhere on a wine label is “Oregon”, the name of one or more of its counties, or the name of an American Viticultural Area wholly within Oregon, then all grapes used in the production of the wine must have been grown in Oregon, and 95 percent of the grapes used in the production of the wine must have been grown within the defined boundaries of that appellation of origin. (3) If the appellation of origin claimed or implied anywhere on a wine label is the name of an American Viticultural Area located in both Oregon and an adjoining state, then all grapes used in the production of the wine must have been grown in Oregon and/or that adjoining state, and the percentage of grapes grown within the federally defined boundaries of that American Viticultural Area must satisfy the least restrictive of: (a) The 95 percent minimum described in section (2) of this rule; or (b) The minimum percentage of grapes required by the adjoining state for the use of that American Viticultural Area as an appellation of origin. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446 History: OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04 OLCC 26-1987, f. 12-30-87, cert. ef. 1-1-88, Renumbered from 845-010-0292 LCC 17-1978, f. 12-26-78, ef. 1-1-79 LCC 59, f. 2-18-77, ef. 3-1-77
845-010-0923 Wine Label Designation of Nested American Viticultural Areas (1) For the purposes of this rule, “Nested American Viticultural Area” or “Nested AVA” means an American Viticultural Area or “AVA” that is partially or wholly contained within a larger American Viticultural Area. (2) Any wine labeled on or after January 1, 2023, that includes on the wine label the name of a Nested AVA that is wholly or partially contained within an AVA listed in section (6) of this rule must include the name of the larger AVA on the wine label. (3) The letter size of the larger AVA name must be at least: (a) Two millimeters high if the wine container is more than 187 milliliters in volume; or (b) One millimeter high if the wine container is 187 milliliters or less in volume. (4) The name of the larger American Viticultural Area may: (a) Be included in or near the name of the Nested AVA; or (b) Be in the same size or font as the Nested AVA. (5) The appearance of an AVA on the label may not resemble a brand name or appear in lettering that is larger or more prominent than the brand name for the product, unless the brand name stating or implying an AVA has been in continuous use as a brand name since December 31, 2017, and prior to December 31, 2017, was: (a) Used in conformance with Commission standards; (b) Subject to a federal trademark registration for wine under United States Patent and Trademark Office Class 33; and (c) Sold in interstate commerce. (6) When the appellation of origin used on a wine label is a nested AVA wholly or partially within the Willamette Valley AVA, then the separate phrase “Willamette Valley” must appear on the wine label. (7) Notwithstanding Section (2) of this rule, a manufacturer may submit a written request to the Commission as described in this section to affix non-conforming labels to containers of wine on or after January 1, 2023. The Commission will evaluate and provide approval of these requests on a case-by-case basis. Requests to use up the remaining stock of labels on or after January 1, 2023 must include: (a) Information identifying the affected label(s) including: (A) A copy of the TTB-approved certificate of label approval (COLA); or (B) Other copy of the label intended for use and a TTB certificate of exemption from label approval. (b) The reason for the non-conforming label (i.e. how did this happen); (c) The steps the licensee will take to ensure that all future labels to be printed comply with this rule; (d) The quantity of non-conforming labels the licensee needs to use up; and (e) The length of time the licensee anticipates it will need to use up the nonconforming labels. Statutory/Other Authority: ORS 471.030 & 471.730 Statutes/Other Implemented: ORS 471.442, 471.445, 471.446 & 471.802 History: OLCC 198-2022, amend filed 09/22/2022, effective 09/23/2022 OLCC 26-2020, adopt filed 12/29/2020, effective 01/01/2021
845-010-0930 Semi-Generic Designation of Geographic Significance (1) No person may use a semi-generic designation of geographic significance or a name that implies a semi-generic designation as a class or type designation on a wine label. (2) As an exception to section (1) of this rule, a person may use the type designation “Claret” on a wine brand label only if: (a) The wine derives 100% of its volume from a blend of two or more of the following grape varieties: Cabernet franc, Cabernet Sauvignon, Carmenère, Malbec, Merlot, or Petit Verdot; and (b) A federal certificate of label approval (COLA) for a “Claret” wine was issued for the same brand name on or after December 1, 2004 and prior to March 10, 2006. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446 History: OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 26-1987, f. 12-30-87, cert. ef. 1-1-88, Renumbered from 845-010-0292 LCC 17-1978, f. 12-26-78, ef. 1-1-79 LCC 59, f. 2-18-77, ef. 3-1-77
845-013-0030 Fixtures, Furniture, Furnishings, ORS 471.398(3) ORS 471.398(3) prohibits a supplier (manufacturer, wholesaler, or its agents) from providing any fixtures, furniture or furnishings to a retailer. A supplier does not violate this prohibition if he/she provides a display bin or rack for manufacturer-sealed containers of alcoholic beverages for consumption off the licensed premises, if the following conditions are met: (1) The supplier provides no more than one bin or rack per brand name family per retailer at any given time; (2) The cost of the display bin or rack may not exceed $300.00 (cost is the cost to the supplier who initially purchased or produced the bin or rack); (3) The supplier has permanently marked the bin or rack with a brand name or trade name of the supplier’s alcoholic beverage product; and (4) The retailer uses the bin or rack to display only products from the brand name family or trade name permanently marked on the bin or rack; (5) For purposes of this rule, "trade name" means the operating trade name and associated business names filed by a manufacturer or wholesaler as part of the Alcohol and Tobacco Tax and Trade Bureau (TTB) basic permit, i.e. Anheuser-Busch InBev; “brand name family” means all of the alcoholic beverage products included in a particular product line which are marketed and labeled with a particular brand name, i.e. Budweiser. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398(3) History: OLCC 8-2014, f. & cert. ef. 8-15-14 OLCC 4-2011, f. 4-25-11, cert. ef. 5-1-11 OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03 OLCC 8-1992, f. 8-25-92, cert. ef. 10-1-92
845-013-0040 Advertising, ORS 471.398(4) ORS 471.398(4) allows a manufacturer or wholesaler to provide advertising to a retailer. (1) Except as authorized in this rule, the only advertising a supplier may provide under ORS 471.398(4) is generic, off-premises references to the supplier’s alcoholic beverage products that mention no specific retailer. Some examples include radio and television commercials and billboards. (2) A supplier may make available to its customers, either on the supplier’s website or on lists available at the supplier’s premises, the names and addresses of the retail licensees that sell products made or distributed by the supplier. Any such list must include all retailers who carry the products without discrimination, for example, an alphabetical or geographical list. The lists may not include prices or any other information that would appear to promote any particular retailer over other retailers. (3) A supplier may provide or pay for advertising pursuant to OAR 845-013-0080. (4) A supplier may provide or pay for advertising pursuant to OAR 845-005-0428, 845-006-0446 and 845-006-0450. Some examples include radio, television, billboards, and its own website. Only the following advertising is allowed: (a) The advertising may list no more than the retailer’s name and address, the date of the event, and the name of the supplier’s product. (b) No monetary payments may be made by a supplier to a retail licensee except for payments to purchase advertising allowed under ORS 471.401(1)(d). (5) A violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398(4) & 471.730(7) History: OLCC 4-2016, f. 3-24-16, cert. ef. 4-1-16 OLCC 8-2010, f. 6-22-10, cert. ef. 7-1-10 OLCC 7-1992, f. & cert. ef. 7-1-92, Renumbered from 845-010-0124 OLCC 8-1987, f. 31-3-87, cert. ef. 4-1-87
845-013-0060 Items of Nominal Value, ORS 471.398(4) (1) In addition to advertising and point of sale material, ORS 471.398(4) allows a supplier (manufacturer or wholesaler), or its agents, to provide items of nominal value to a retailer. This rule describes the items of nominal value a supplier, or its agents, may give to a retailer. (2) A supplier, or its agents, may give basic items that support the supplier’s products at the retailer's premises such as: (a) Tavern Heads: (A) One tavern head per calendar year per retail licensee; (B) A trade-in of a tavern head at the fair market value as partial payment for a new one when the retailer replaces an existing draft system. (b) Washers or Thomas valves necessary for proper operation of draft equipment; (c) New and used empty shells or bags in sufficient quantity for returning the supplier’s empty containers; (d) Samples and Tastings: (A) Tastings or samples of distilled spirits that the retailer does not carry but only in an amount not to exceed 50 ml.; (B) Tastings or samples of wine and malt beverages that the retailer does not carry. The sample must not exceed a one gallon container of malt beverage or a five liter container of wine. It must be clearly and permanently marked "sample — not for resale"; (C) Distilled spirits, wine and malt beverage tastings for retailer educational seminars that are not open to the public. (3) A violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398(4) History: OLCC 5-2009, f. 4-21-09, cert. ef. 5-1-09 OLCC 7-1992, f. & cert. ef. 7-1-92, Renumbered from 845-010-0126 OLCC 8-1987, f. 31-3-87, cert. ef. 4-1-87
845-013-0075 Schematics; ORS 471.398(5) (1) ORS 471.398(5) prohibits a manufacturer or wholesaler from giving a retailer any services except services of nominal value. (2) OAR 845-013-0070 limits services of nominal value to those which fall into one of two categories. (3) The category described in OAR 845-013-0070(3) allows a manufacturer or wholesaler to give basic marketing support services for the manufacturer or wholesaler’s alcoholic beverage products. When a manufacturer or wholesaler uses schematics to promote their products to a retailer, the Commission considers that to be a basic marketing support service. (4) When a manufacturer or wholesaler uses schematics to promote their products to a retailer, the retailer remains responsible for deciding what products are actually sold. (5) The Commission holds licensees accountable for the acts of their agents and employees. (See OAR 845-006-0362). Accordingly, any licensee who provides schematics through another person or business is responsible for the actions of the party. If a person or business that provides schematics on behalf of a licensee violates any liquor law or rule, the Commission takes the appropriate compliance action against the licensee. Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398(5) History: OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03 OLCC 3-1994, f. 8-3-94, cert. ef. 10-1-94
845-013-0100 Wholesale-Retail Relations; Sale at Both Wholesale and Retail (1) Except as provided in ORS 471.396, 471.394(1) prohibits licensees from selling or engaging in the business of selling alcoholic beverages both at wholesale and retail. A licensee, and its employees and agents, may engage in the business of selling alcoholic beverages both at wholesale and retail to the extent that retail sales are authorized by the statutes establishing the privileges of each license. For purposes of this statute, the direct consumer sales that 471.235 allows a wholesale malt beverage and wine licensee to make are wholesale sales. (2) As used in ORS 471.394(1): (a) "Licensee" includes retailers, wholesalers, and manufacturers of any alcoholic beverages and their managers, officers and directors; (b) "Licensee" also includes retailers', wholesalers', and manufacturers' agents and employees who sell or engage in the business of selling alcoholic beverages. (3) Despite the prohibition contained in ORS 471.394(1): (a) A manufacturer or wholesaler licensee as defined in ORS 471.392(1) and a brewery-public house licensee as defined in ORS 471.200 may employ an employee or agent of a retail licensee as defined in ORS 471.392(2) to sell alcoholic beverages at both wholesale and retail. (b) A retail licensee as defined in ORS 471.392(2) may employ an employee or agent of a manufacturer or wholesaler licensee as defined in ORS 471.392(1) or a brewery-public house licensee as defined in ORS 471.200 to sell alcoholic beverages at retail provided the retail licensee does not sell or offer for sale any alcoholic beverages sold, distributed, or produced by the manufacturer, wholesaler, or brewery-public house licensee. (c) A brewery-public house licensee as defined in ORS 471.200 may employ an employee or agent of another brewery-public house licensee provided each brewery-public house licensee that employs the same employee or agent does not sell or offer for sale the other’s alcoholic beverages. (4) Violation of this section is a Category IV violation. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.394(1) History: OLCC 2-2017, f. 2-27-17, cert. ef. 3-1-17 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 7-1992, f. & cert. ef. 7-1-92, Renumbered from 845-010-0128 OLCC 8-1987, f. 3-13-87, cert. ef. 4-1-87
845-013-0110 Wholesale-Retail Relations; Prohibited Conduct (1) No manufacturer or wholesaler may buy food, beverages or anything of value on a retailer licensee’s premises for customers who are not his/her personal acquaintances. (2) No manufacturer or wholesaler may provide or offer assistance through a group of trade association of breweries, wineries, distilleries or wholesalers to a person to obtain a retail license. Statutory/Other Authority: ORS 471 & 472, 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471 & including 471.398 History: OLCC 7-1992, f. & cert. ef. 7-1-92, Renumbered from 845-010-0131 OLCC 8-1987, f. 3-13-87, ef. 4-1-87
845-015-0101 Definitions As used in OAR chapter 845, division 015: (1) "Commission" includes the 7 member body of Commissioners appointed by the Governor, the administrator (executive director) and agency staff. Any of the actions or decisions specified in this division may be delegated to the administrator (executive director) as provided in ORS 471.040(2). (2) "Disabled Retail Sales Agent" is one who has a physical or mental impairment that has continued more than one year or is permanent that prevents a retail sales agent from properly performing contractual duties. The Commission determines retail sales agent disability after reviewing medical reports from the retail sales agent's physician. The Commission may require additional medical information from a Commission-selected physician. (3) "Full On-Premises Sales Licensee" means any person or entity holding a Full On-Premises Sales license. (4) "Retail Liquor Store" is a premises or a specific area in a premises the Commission approves for the sale of packaged distilled spirits for off-premises consumption, other than an Oregon licensed distillery or portion of such a distillery which has been approved for the sale of packaged distilled spirits manufactured by the distillery. (5) "Retail Sales Agent" or "Agent" is an individual person or legal entity appointed by the Commission who enters into a retail sales agent agreement to sell packaged distilled spirits on behalf of the Commission in a retail liquor store. When a retail sales agent is a legal entity, the following persons shall also be considered a retail sales agent: (a) Each individual person who owns 10% or more of the entity; such as stock, membership, or other investment; and (b) Each individual person who has been designated by the entity to exercise control over, or be entitled to exercise control over, the entity; such as directors, officers, managing members, and general partners. (6) "Retail Sales Agent Agreement" is a written contract between the Commission and a retail sales agent that specifies the terms, conditions, and obligations between both parties. (7) "Temporary Retail Sales Agent" or “Temporary Agent” is an individual person or legal entity selected by the Commission to temporarily operate a retail liquor store. Statutory/Other Authority: ORS 471.030 & 471.730 Statutes/Other Implemented: 471.750, 471.752, ORS 471.705 & 471.040 History: OLCC 13-2018, amend filed 10/30/2018, effective 11/01/2018 OLCC 1-2012, f. 3-20-12, cert. ef. 4-1-12 OLCC 15-2011, f. 12-6-11, cert. ef. 1-1-12 OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0007 LCC 23-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 9-1985, f. 11-6-85, cert. ef. 1-1-86, Renumbered from 845-015-0040 LCC 25-1980, f. 9-30-85, cert. ef. 1-1-81
845-015-0110 Establishment of a Retail Liquor Store (1) When the Commission decides to establish a new retail liquor store, the Commission: (a) Determines the criteria for location and premises; (b) Determines a geographic location in which to locate a retail liquor store or a precise location; (c) Sets a target date for a retail liquor store to begin operation; and (d) Follows the procedure described in OAR 845-015-0120 and 845-015-0125 for selecting and appointing a retail sales agent. (2) The Commission may discontinue a retail liquor store that has a retail sales agent vacancy. If the Commission continues a retail liquor store, it evaluates whether the existing premises satisfactorily meets the standards for location and premises set forth in the Site Evaluation Form. If it does not meet the minimum standards, the Commission follows the procedure described in section (1) of this rule. (3) The Commission may arrange for a particular location for a retail liquor store, before appointing a retail sales agent. The Commission may sign an option to lease or enter into a lease that is assignable to a retail sales agent without recourse by the lessor against the Commission. A retail sales agent must reimburse the Commission, on its terms, for appropriate expenses associated with establishing a retail liquor store. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0020 LCC 15-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 14-1978, f. & cert. ef. 10-26-78, Renumbered from 845-010-0343
845-015-0115 Retail Sales Agent Eligibility (1) A retail sales agent who is an individual person must be at least 21 years old. Retail sales agents must devote enough time to a retail liquor store to ensure its efficient operation and reasonable service to the public. (2) A retail sales agent may not have a financial interest or business connection that ORS 471.710(3) or OAR 845-015-0118 prohibits. (3) A retail sales agent may be an Off-Premises Sales licensee. (4) A retail sales agent may be a Limited On-Premises Sales licensee provided that the premises with the license is in a different physical location and address from the retail liquor store. (5) A retail sales agent may not be a Full On-Premises Licensee. Statutory/Other Authority: ORS 471.030 & 471.730 Statutes/Other Implemented: ORS 471.750, 2021 OL Ch. 180, 2021 OL Ch. 620 & 2021 OL Ch. 186 History: OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 2-2019, amend filed 01/22/2019, effective 02/01/2019 OLCC 1-2012, f. 3-20-12, cert. ef. 4-1-12 OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0027 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 19-1999, f. 11-2-99, cert. ef. 11-28-99 OLCC 7-1999(Temp), f. 5-25-99, cert. ef. 6-1-99 thru 11-27-99 OLCC 15-1989, f. 10-31-89, cert. ef. 11-1-89 OLCC 19-1987, f. 6-10-87, ef. 7-1-87