Or. Admin. R. 845-010-0290

Current through Register Vol. 63, No. 5, May 1, 2024

Section 845-010-0290 - Labeling Requirements for Wine

(1) As used in Sections (4) and (6) of this rule, "control" means that the manufacturer holds the certificate of label approval with the Alcohol and Tobacco Tax and Trade Bureau or holds the certificate of exemption from label approval with the Alcohol and Tobacco Tax and Trade Bureau.

(2) "Label" means all information-bearing material attached to or a part of a wine container, including all closures.

(3) "Manufacturer" has the definition set forth in ORS 471.001, and includes a person who bottles and labels wine.

(4) If the wine is sold in Oregon, the manufacturer must ensure that all wine labels under the manufacturer's control comply with:

(a) The Commission's advertising rules (OAR Chapter 845, Division 007);

(b) OAR 845-010-0280 (Federal Standards for Wine Identity);

(c) OAR 845-010-0206 (Private Labels); and

(d) When applicable, OAR 845-010-0905 through 845-010-0930 (Oregon Standards for Wine Identity).

(5) If a manufacturer or wholesaler sells a wine in Oregon or causes a wine to be imported into Oregon that does not comply with the labeling requirements, the Commission may, in addition to any other sanction, require the manufacturer or wholesaler to stop selling the wine in Oregon and recall the subject wine.

(6) Only a manufacturer with control over the label may alter or remove a label on wine produced, bottled or made available for sale in Oregon and only in compliance with federal or state laws.

(7) Unless otherwise specified in a rule incorporated by reference, a violation of this rule is a Category IV violation.

Or. Admin. R. 845-010-0290

LCC 26, f. 5-12-60; LCC 27, f. 9-15-60; LCC 28, f. 12-19-60; LCC 29, f. 5-21-64; OLCC 16-1987, f. 4-6-87, ef. 7-1-87; OLCC 11-1995, f. 12-4-95, cert. ef. 1-1-96; OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07; OLCC 26-2020, amend filed 12/29/2020, effective 1/1/2021

Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5)

Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446