OAR 845-006-0410
Custom Order Agreements


(1)

“Custom order agreement” means an agreement whereby a Brewery or Brewery-Public House licensee agrees to produce or manufacture malt beverages based on certain specifications for a commission licensee authorized by the commission to receive the malt beverages under a custom order agreement.

(2)

Malt beverages produced or manufactured under a custom order agreement are produced or manufactured by the producing Brewery or Brewery-Public House licensee and not by the receiving licensee.

(3)

Privilege taxes for malt beverages produced or manufactured under a custom order agreement are due from the producing licensee when the producing licensee sells or transfers the malt beverage to the receiving licensee. Despite this requirement, the producing licensee may qualify for nonpayment of privilege taxes under ORS 473.050 (When privilege tax not imposed).

(4)

A Brewery licensee:

(a)

May not use a custom order agreement to produce or manufacture malt beverages for a retail licensee as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400). Despite this requirement, a Brewery licensee may use a custom order agreement to produce or manufacture malt beverages for a Full On-Premises Sales licensee licensed to the same licensee of record as the Brewery licensee.

(b)

May use a custom order agreement to produce or manufacture malt beverages for a Brewery-Public House licensee. The custom order agreement must be in writing and both parties must comply with ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer). The custom order agreement does not absolve the receiving Brewery-Public House licensee from complying with all other laws and rules regulated by the commission. The custom order agreement must identify the malt beverage by a specific formula and it must identify a defined period of time for the agreement that is no longer than 60 days from production to delivery of the malt beverage to the receiving licensee. The agreement may not allow the producing Brewery licensee to store the malt beverage longer than the 60 day time period. The Brewery licensee and Brewery-Public House licensee shall provide the written custom order agreement to the Commission within 10 calendar days of the Commission’s request for the agreement.

(c)

May use a custom order agreement to produce or manufacture malt beverages for a manufacturer or
wholesaler as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400).

(d)

A violation of this section is a Category III violation.

(5)

A Brewery-Public House Licensee:

(a)

May not use a custom order agreement to produce or manufacture malt beverages for a retail licensee as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400). Despite this requirement, a Brewery-Public House licensee may use a custom order agreement to produce or manufacture malt beverages for a retail premises licensed to the same licensee of record as the Brewery-Public House licensee.

(b)

May use a custom order agreement to produce or manufacture malt beverages for a different Brewery-Public House licensee. The custom order agreement must be in writing and both parties must comply with ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer). The custom order agreement does not absolve the receiving Brewery-Public House licensee from complying with all other laws and rules regulated by the commission. The custom order agreement must identify the malt beverage by a specific formula and it must identify a defined period of time for the agreement that is no longer than 60 days from production to delivery of the malt beverage to the receiving licensee. The agreement may not allow the producing Brewery-Public House licensee to store the malt beverage longer than the 60 day time period. The producing Brewery-Public House licensee and receiving Brewery-Public House licensee shall provide the written custom order agreement to the Commission within 10 calendar days of the Commission’s request for the agreement.

(c)

May use a custom order agreement to produce or manufacture malt beverages for a manufacturer or
wholesaler as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400). The custom order agreement must be in writing and both parties must Page 10 of 15 comply with ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer). The Brewery-Public House licensee and receiving licensee shall provide the written custom order agreement to the Commission within 10 calendar days of the Commission’s request for the agreement.

(d)

A violation of this section is a Category III violation.

Source: Rule 845-006-0410 — Custom Order Agreements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0410.

845‑006‑0301
“Applicant” and “Licensee” Defined
845‑006‑0302
“Family Member” Defined
845‑006‑0309
Requirements for Outdoor Areas Not Abutting a Licensed Building
845‑006‑0335
Age Verification
845‑006‑0340
Minor Postings
845‑006‑0345
Prohibited Conduct
845‑006‑0347
Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises
845‑006‑0348
Unlawful Drug Activity on Licensed Premises
845‑006‑0349
Activities on College Campuses
845‑006‑0353
Distilled Spirits Samples and Promotions from a Distiller’s Representative
845‑006‑0360
Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign
845‑006‑0362
Responsibility of Licensees for Conduct of Others
845‑006‑0365
Payment for Alcoholic Beverages
845‑006‑0370
Financial Assistance
845‑006‑0380
Certificate of Approval for Distilled Spirits
845‑006‑0390
Transportation by Licensed Retailer from Licensed Wholesaler Premises
845‑006‑0391
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions
845‑006‑0392
Requirements for Direct Delivery of Wine and Cider to a Resident of Oregon
845‑006‑0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon
845‑006‑0399
Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery
845‑006‑0400
Requirements for Wine Self-Distribution Permit for Wine and Cider
845‑006‑0401
Requirements for Oregon Retailers to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit
845‑006‑0410
Custom Order Agreements
845‑006‑0425
Hours of Sale
845‑006‑0426
Public Interest and Convenience Reasons for Cancellation or Suspension
845‑006‑0428
Exemptions for Certain Tour Boats
845‑006‑0430
Alcohol Management in Public Venues
845‑006‑0433
Minibars in Hotel Guest Rooms
845‑006‑0434
Minibars in Arena Suites
845‑006‑0435
Maintaining Records: Retail Licensees
845‑006‑0440
Deposits on Draft Malt Beverage and Wine Containers
845‑006‑0441
Sale of Malt Beverages in Kegs
845‑006‑0445
Nonbeverage Food Products Containing Alcoholic Beverages
845‑006‑0446
Promotional Events at a Retailer Licensed Premises Involving Suppliers
845‑006‑0450
Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers
845‑006‑0452
Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee
845‑006‑0459
Definitions
845‑006‑0460
Food Service at Commercial Establishment with Full On-Premises Sales License
845‑006‑0461
Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License
845‑006‑0462
Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License
845‑006‑0463
Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License
845‑006‑0464
Food Service Requirements for Other Public Locations with a Full On-Premises Sales License
845‑006‑0465
Food Service Requirements for Temporary Licenses Authorized Under ORS 471.190(4)
845‑006‑0466
General Food Service Requirements for Full On-Premises Sales Licenses
845‑006‑0469
Full On-Premises Sales License with Additional On-Premises Sales Privilege
845‑006‑0475
License Changes Requiring Notice/Prior Approval
845‑006‑0480
Changes in Premises or Operation: Notice Required
845‑006‑0481
Notification When Premises Closed: Time Limit for Operation
845‑006‑0482
Closure of Premises for Private Uses
845‑006‑0485
Public Passenger Carrier Notification of Additional Premises
845‑006‑0490
Requirements for a Full On-Premises Sales License for a Nonprofit Private Club
845‑006‑0495
Requirements for a Full On-Premises Sales License for a For-Profit Private Club
845‑006‑0497
Enforceable Compliance Plans
845‑006‑0498
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension
845‑006‑0500
Suspensions and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 845-006-0410’s source at or​.us