Or. Admin. Code § 845-020-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-020-0005 - Definitions

(1) The terms defined in ORS 459A.700 have the same meaning in OAR 845-020-0005 through 845-020-0060.

(2) "Area of a Business" means the square footage of the entire building or portion of the building leased or owned by the dealer. The area of a business only includes the retail space and not the square footage of the entire business, if:

(a) The retail space is less than 5,000 square feet;

(b) The retail space occupies less than 50 percent of the leased or owned space where retail operations are located; and

(c) The nonretail space is used in whole or in part for the manufacturing of beverages.

(3) "Cider" means an alcoholic beverage made from the fermentation of the juice of apples or pears that contains not less than one-half of one percent and not more than 8.5 percent of alcohol by volume, including, but not limited to, flavored, sparkling or carbonated cider.

(4) "Convenience zone" means a sector within a radius of a redemption center specified by the Commission that determines which dealers may participate in a redemption center and that impacts the number of containers a store must accept.

(5) "Dealer redemption center" means a location that serves one or more dealers doing business in an area that is not part of a convenience zone specified by the Commission under ORS 459A.738, at which any person may return empty containers for beverages that were purchased in Oregon and receive payment of the refund value of the beverage containers.

(6) "Full-service redemption center" means a location that meets the requirements of ORS 459A.737, at which any person may return empty containers for beverages that were purchased in Oregon and receive payment of the refund value of the beverage containers.

(7) "Hard seltzer" means any sugar-based alcoholic beverage that contains carbonated water or any malt-based alcoholic beverage that contains carbonated water and is not a malt beverage, as that term is defined in ORS 471.001.

(8) "Kind of beverage" means the type of beverage in a container that is required to have a refund value and does not refer to the size of the container or the brand of the beverage. The "kind of beverage" categories are:

(a) Water;

(b) Carbonated soft drinks;

(c) All other non-alcoholic beverages (excluding dairy milk and plant-based milk, infant formula, and liquid meal replacements);

(d) Alcoholic beverages (excluding distilled liquor and wine); and

(e) Beverages containing marijuana or hemp.

(9) "Kombucha" means a fermented beverage that is made from tea and does not contain more than 21 percent of alcohol by volume.

(10) "Liquid Meal Replacement" means a ready-to-drink liquid with caloric and nutritional value intended to replace a regular meal.

(11) "Milk" means a beverage that designates milk as the predominant (first) ingredient in the ingredient list on the container's label.

(12) "Person." As used in OAR 845-020-0005 through 845-020-0060, unless the context requires otherwise, "Person" includes individuals, corporations, associations, firms, partnerships, and joint stock companies.

(13) "Plant-Based Milk" means a beverage consisting of plant material suspended in water that imitates dairy milk and designates the plant-based milk as the predominant (first) ingredient in the ingredient list on the container's label.

(14) "Wine" means any fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a malt beverage, containing more than one-half of one percent of alcohol by volume and not more than 21 percent of alcohol by volume. "Wine" includes fortified wine, cider over 8.5 percent alcohol by volume, and mead. "Wine" does not include cider that is not more than 8.5 percent of alcohol by volume, hard seltzer, or kombucha.

Or. Admin. Code § 845-020-0005

LCC 39, f. 7-17-72, ef. 7-8-72; Renumbered from 845-010-0600; OLCC 8-1989, f. 7-28-89, cert. ef. 8-1-89; OLCC 14-2017, amend filed 11/21/2017, effective 1/1/2018; OLCC 18-2019, amend filed 12/27/2019, effective 1/1/2020; OLCC 14-2020, amend filed 06/22/2020, effective 7/1/2020; OLCC 199-2022, amend filed 09/27/2022, effectiv 1/1/2023

Statutory/Other Authority: ORS 459A, 459.992(4), 471.030 & 471.730(1) & (5)

Statutes/Other Implemented: ORS 459A.725