Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 40 - Transportation, Containers And Changes In Status Or Location › Subchapter 5 - Containers And Labels › Section 45:40-5-1 - Containers

Current through Vol. 41, No. 20, July 1, 2024
(a) All original
				packages of alcoholic beverages sold or offered for sale in this State shall be
				constructed of such material and be in such form as has been generally found by
				the industry and recognized by Federal and State enforcement officers to be
				safe, sanitary and in no manner prejudicial to the health or interests of the
				public. All such original packages of alcoholic beverages shall, before being
				offered for sale or sold, be approved by the Director as to nature and form.
				All Manufacturers, or corporate subsidiaries of any Manufacturer who markets
				his products through a subsidiary, Rectifiers, Distillers, Fermenters, and
				distributors of alcoholic beverages bottled in foreign countries, shall submit
				for approval the front and back labels for each container size. An eight (8) by
				ten (10) inch photograph along with labels, if any, shall be submitted for
				decanters. Said labels and/or photographs shall be attached to and be a part of
				the price list of each such Manufacturer or corporate subsidiary, as provided
				for in
				45:30-3-3.
				Each Manufacturer or corporate subsidiary of a Manufacturer who markets his
				products through a subsidiary, Rectifier, Distiller, Fermenter and distributor
				of alcoholic beverages for sale in this State shall furnish a copy of the price
				list containing such information as is required by the regulations for price
				lists, as provided for in
				45:30-3-3,
				and it shall be accompanied by front and back labels and/or photographs of
				decanters of each item contained on said price list for approval as to nature
				and form.
(b) After a container has
				been approved as to nature and form for sale in Oklahoma, it need not again be
				submitted for approval. No new container embodying changes as to nature and
				form for the same brand or kind of merchandise shall be sold or offered for
				sale until labels of said container shall have been submitted to the Director
				for his approval. No container shall be offered for sale in this State at a
				price in excess of any other approved container for the same quantity of the
				same brand or kind of alcoholic beverages, except beer, and then only when
				there is a difference in the cost of the container and/or package to the
				Brewer, other Nonresident Sellers of brewed products and/or Beer Distributors.
				When prior approval has been received from the Director, individual bottle
				racks, stands, pourers, and pumps will be permitted for gallon and one-half
				gallon size containers only; PROVIDED, that these items are offered at no
				additional cost, each and every container is equipped in the same manner, and
				said rack, stand, pourer and pump will be in the shipping carton, or in
				accompanying carton, with the alcoholic beverage so offered. It is the intent
				and purpose of this regulation to require the approval of original containers
				and labels as to composition, nature, and form, and it shall be required that
				prior approval be secured from the Director by reason of any change in the
				original container or label. A photograph of a new decanter and/or label must
				be submitted with the request for approval.