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

(1) ORS 471.038 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 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.