Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 30 - Manufacturers, Wine and Spirit Wholesalers, Brewers, Nonresident Sellers and Beer Distributors › Subchapter 5 - Brewers, Nonresident Sellers, and Beer Distributors › Section 45:30-5-2 - Brewer's brand name label registration

Current through Vol. 41, No. 20, July 1, 2024
(a) No beer or brewed products shall be sold,
				or offered for sale to an Oklahoma licensed Beer Distributor or to the public
				unless the brand name label shall have been registered with and approved by the
				Director of the Oklahoma Alcoholic Beverage Laws Enforcement Commission, and
				the required registration fee paid.
(1) Such
				registration shall be prepared on a form approved by the Commission and shall
				include the price, brand, type, size and type container of each item of beer or
				brewed product.
(2) Such
				registration shall be accompanied by a certified check, bank officer's check or
				draft, or money order in the amount of two hundred dollars ($200.00) for each
				brand name label that such Brewer or Nonresident Seller proposes to offer for
				sale.
(3) Should the application
				for registration of a brand name label be denied, the registration fee shall be
				returned to the applicant less twenty-five percent (25%) of such fee.
(4) In determining the fee for filing a brand
				name label or brand, no additional fee shall be charged for variations in net
				contents or bottling locations shown on the label. In determining the brand
				name label, reference may be made to the brand name label as registered with
				the Federal Government under the Federal Alcohol Administration Act ATF Form
				1649. Application For and Certification of Label Approval Under Federal Alcohol
				Administration Act, will be submitted with each registration of a brand name
				label to aid in determining the appropriate registration fee. Brand labels of
				Oklahoma brewed products not requiring federal approval and not intended for
				distribution in this State shall not require a submission for brand label
				registration to the ABLE Commission.
(5) Each brand name label registered and
				approved pursuant to this paragraph shall be valid for a period from July 1st
				to June 30th each year and shall be valid only for the brand name owner, Brewer
				or Nonresident Seller representing the brand owner registering such label and
				shall not be transferable. Provided, each registered brand name label on July
				1, 2018 shall be allowed a one-time transfer to be completed before December
				31, 2018. Such transfer shall be done through written notice to the ABLE
				Commission.
(6) All original
				packages of beer or brewed products, before being offered for sale in this
				state, shall be approved by the Tax Commission as to the nature and form. They
				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 welfare of
				the public. After a container has been approved as to nature and form for sale
				in Oklahoma, it need not again be submitted for approval. It is the intent and
				purpose of this regulation to require the approval of the original container
				and labels as to composition, nature and form and it shall be required that
				prior approval be secured by reason of any change in the original container or
				labels.