Alcoholic Liquors Generally

ORS 471.440
Manufacture, fermentation or possession of mash, wort or wash

  • establishment or operation of distillery without license
  • prima facie evidence


Except as provided in ORS 471.037 (Homemade beer, wine and fermented fruit juice exemption from liquor laws) and 471.403 (License required to produce alcoholic liquor), mash, wort or wash fit for distillation or for the manufacture of spirituous alcoholic liquors may not be made, fermented or possessed within this state by any person that does not at the time own a distillery license under the Liquor Control Act.


A distillery may not be set up or operated in this state for the purpose of manufacturing alcoholic liquor for beverage purposes except by a person duly licensed under the Liquor Control Act to operate a distillery. Any device or process that separates alcoholic spirits from any fermented substance shall be regarded as a distillery. A distillery is set up if the still is in position over a furnace, or is connected with a boiler, so that heat may be applied, although the worm or worm tank is not in position.


The finding of any mash, wort, wash or distillery in any house, on any premises or within any enclosure, is prima facie evidence that it was made and fermented by, or set up by, and the property of, the person who is in possession of the house, premises or enclosure. [Amended by 1999 c.351 §73; 2011 c.12 §5]
Chapter 471

Atty. Gen. Opinions

Employment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Citations

16 WLR 479 (1979)


Last accessed
Jun. 26, 2021