OAR 845-006-0400
Requirements for Wine Self-Distribution Permit for Wine and Cider
(1)
A person holding a Wine Self-Distribution Permit:(a)
May ship only wine or cider;(b)
May ship only to a retail licensee at an address holding a valid endorsement issued by the Commission authorizing receipt of wine or cider from the holder of a Wine Self-Distribution Permit;(c)
Shall keep a record of all shipment of wine or cider to Oregon licensees, including the name of the licensee, the date of shipment and the amount of wine or cider shipped, and shall retain such records for a minimum of two years from the date of the shipment. The permit holder must report to the Commission all shipment of wine or cider made to retail licensees under the permit as required by ORS Chapter 473 (Wine, Cider and Malt Beverage Privilege Tax). The report must be in a form prescribed by the Commission;(d)
Must allow the Commission to audit the permit holder’s records upon request and shall make those records available to the Commission in Oregon no later than 60 days after the Commission mails the notice;(e)
Consents to the jurisdiction of the Commission and the courts of this state for the purpose of enforcing the provisions of this rule and any related laws or rules;(f)
Must timely pay to the Commission all taxes imposed under ORS Chapter 473 (Wine, Cider and Malt Beverage Privilege Tax) on all wine or cider sold and shipped directly under the permit. The permit holder, not the retail licensee, is responsible for the tax; and(g)
Must follow Oregon’s alcohol laws and rules regarding wine self-distribution, tied-house and financial assistance prohibitions, and wine and cider privilege tax.(2)
If the permit holder ships wine or cider to a retail licensee via a for-hire carrier, the permit holder must use a for-hire carrier with a plan approved by the Commission under OAR 845-005-0424 (Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine, Cider or Distilled Spirits).(3)
If the permit holder does not use a for-hire carrier with an approved plan, the permit holder must ensure that at the time the wine or cider is received by a retail licensee of the Commission the person delivering the wine or cider verifies that the retail licensee holds a valid endorsement issued by the Commission authorizing the receipt of the wine or cider from the permittee.(4)
A manufacturer may self-distribute wine or cider only if the manufacturer holds a valid Wine Self-Distribution Permit and a valid license issued by another state that qualifies the manufacturer to hold a Wine Self-Distribution Permit.(5)
A violation of any section of this rule is a Category IV violation. Self-distribution of wine or cider without a valid Wine Self-Distribution Permit issued by the Commission is grounds for revocation of the manufacturer’s Certificate of Approval issued under ORS 471.289.
Source:
Rule 845-006-0400 — Requirements for Wine Self-Distribution Permit for Wine and Cider, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-006-0400.