Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0205 - Malt Beverage Labeling Requirements, Analysis of Malt Beverages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Label" means
			 all information-bearing material attached to or a part of a malt beverage
			 container (including the cap).
(2)
			 All malt beverage labels must comply with the requirements of the Commission's
			 laws and rules, the Bottle Bill (ORS
			 459A.700 to
			 459A.740 and OAR 845, division
			 020), and all federal labeling regulations prior to being sold in
			 Oregon.
(3) If a licensee sells a
			 malt beverage in Oregon that does not comply with the labeling requirements,
			 the Commission may, in addition to any other sanction, require the licensee to
			 stop selling and recall the malt beverage.
(4) Any malt beverage product requiring
			 Alcohol and Tobacco Tax and Trade Bureau (TTB) formula approval must receive
			 TTB formula approval prior to being manufactured, imported, served or sold in
			 Oregon. In addition, any malt beverage product manufactured, imported, served
			 or sold in Oregon must conform to the specifications of the TTB-approved
			 formula for the product. Violation of this section is a Category III
			 violation.
(5) If a licensee
			 manufactures, imports, serves or sells a malt beverage in Oregon that does not
			 comply with TTB formula requirements, the Commission may, in addition to any
			 other sanction, require the licensee to stop manufacturing, importing, serving,
			 and selling the malt beverage and recall the malt beverage.
(6) Notwithstanding ORS
			 471.398 and OAR
			 845-013-0020, a manufacturer or
			 wholesaler may accept returns of malt beverages from a retailer subject to
			 recall under subsections (3) and (5) of this rule and give credit for the malt
			 beverages. The manufacturer or wholesaler must apply the credit to the
			 retailer's next purchase and limit the amount of the credit to the retailer's
			 original purchase price for the product.
(7) Any licensee dealing in malt beverages
			 will give the Commission an analysis of the licensee's malt beverage product
			 upon Commission request. The licensee must provide the analysis to the
			 Commission within 10 calendar days of the Commission's request for the
			 analysis.
(8) The Commission may
			 prohibit the sale of any malt beverage if, in its discretion, it finds that the
			 malt beverage is not of good quality or that the alcohol content does not
			 conform to the law, to the label of the container, to the TTB-approved formula
			 for the product, or any federal labeling regulation.
(9) All malt beverages exceeding six percent
			 alcohol by volume must show in conspicuous type on the label or container the
			 alcoholic content by volume within a tolerance for deviation from the alcohol
			 content statement on the label not to exceed five-tenths of one
			 percent.
(10) No person may alter
			 or remove a label on malt beverages produced, bottled or for sale in Oregon,
			 except to add labeling to comply with federal or state laws.
(11) Unless otherwise specified in the rule,
			 a violation of this rule is a Category IV violation.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.445,
				  471.446(2)
				  & 471.448