OAR 845-006-0445
Nonbeverage Food Products Containing Alcoholic Beverages

(1)

ORS 471.038 (Nonbeverage food products) authorizes any licensee whose license allows the sale of alcoholic liquor at retail and any retail liquor agent to sell nonbeverage food products containing alcohol, such as fruits preserved in brandy or candies filled with alcoholic liquor. This rule regulates the sale and delivery of those nonbeverage food products, and clarifies which licensees may sell nonbeverage food products containing alcohol.

(2)

For this rule, licensee means any licensee authorized to sell alcoholic liquor at retail for consumption either on or off the licensed premises.

(3)

ORS 471.038 (Nonbeverage food products) requires licensees and retail liquor agents to clearly label:

(a)

The product to show the alcohol content; and

(b)

The front of the package to say that it may not be sold to persons under 21 years.

(4)

Licensees may deliver nonbeverage food products containing alcoholic beverages to Oregon residents only under the following conditions:

(a)

The product must be clearly labeled to show the alcohol content and clearly labeled on the front of the package to say the product may not be sold to minors or visibly intoxicated persons;

(b)

Licensees must not deliver nonbeverage food products containing alcohol to minors or visibly intoxicated persons;

(c)

If the licensee delivers through a common carrier, the licensee may use only a common carrier who has a Commission-approved delivery plan. The Commission requires plan approval to assure appropriate alcoholic beverage delivery.

(5)

This rule applies only to nonbeverage food products that contain not more than five percent alcohol by weight or 10 percent alcohol by volume, whichever is greater.

(6)

Nonbeverage food products containing alcoholic beverages may not be sent from outside the State of Oregon to residents in the state.

Source: Rule 845-006-0445 — Nonbeverage Food Products Containing Alcoholic Beverages, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0445.

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 845-006-0445’s source at or​.us