SECTION 45:30-5-2. Brewer's brand name label registration

(a)   No beer or brewed products shall be sold, or offered for sale to an Oklahoma licensed Beer Distributor or to the public unless the brand name label shall have been registered with and approved by the Director of the Oklahoma Alcoholic Beverage Laws Enforcement Commission, and the required registration fee paid.

(1)   Such registration shall be prepared on a form approved by the Commission and shall include the price, brand, type, size and type container of each item of beer or brewed product.

(2)   Such registration shall be accompanied by a certified check, bank officer's check or draft, or money order in the amount of two hundred dollars ($200.00) for each brand name label that such Brewer or Nonresident Seller proposes to offer for sale.

(3)   Should the application for registration of a brand name label be denied, the registration fee shall be returned to the applicant less twenty-five percent (25%) of such fee.

(4)   In determining the fee for filing a brand name label or brand, no additional fee shall be charged for variations in net contents or bottling locations shown on the label. In determining the brand name label, reference may be made to the brand name label as registered with the Federal Government under the Federal Alcohol Administration Act ATF Form 1649. Application For and Certification of Label Approval Under Federal Alcohol Administration Act, will be submitted with each registration of a brand name label to aid in determining the appropriate registration fee. Brand labels of Oklahoma brewed products not requiring federal approval and not intended for distribution in this State shall not require a submission for brand label registration to the ABLE Commission.

(5)   Each brand name label registered and approved pursuant to this paragraph shall be valid for a period from July 1st to June 30th each year and shall be valid only for the brand name owner, Brewer or Nonresident Seller representing the brand owner registering such label and shall not be transferable. Provided, each registered brand name label on July 1, 2018 shall be allowed a one-time transfer to be completed before December 31, 2018. Such transfer shall be done through written notice to the ABLE Commission.

(6)   All original packages of beer or brewed products, before being offered for sale in this state, shall be approved by the Tax Commission as to the nature and form. They shall be constructed of such material and be in such form as has been generally found by the industry and recognized by Federal and State Enforcement Officers to be safe, sanitary and in no manner prejudicial to the health or welfare of the public. After a container has been approved as to nature and form for sale in Oklahoma, it need not again be submitted for approval. It is the intent and purpose of this regulation to require the approval of the original container and labels as to composition, nature and form and it shall be required that prior approval be secured by reason of any change in the original container or labels.

(b)   All items that are shipped into the State must be properly registered with the Commission and the fee paid regardless of when the merchandise was ordered. Back orders may not be shipped unless the above requirements are satisfied.

(c)   Beer and brewed products will be offered for sale in container sizes and case capacity as approved by the Oklahoma Tax Commission and the Oklahoma Alcoholic Beverage Laws Enforcement Commission.

(d)   No brand or label will be listed on a price list or offered for sale in more than one place, method, different containers, nor at more than one price, except as provided for by the Director.

(e)   The bottling, packaging, sale or possession by any licensee of any beer or brewed products not registered in conformity with the Rules and Regulations of the Oklahoma Alcoholic Beverage Laws Enforcement Commission and provisions of the Oklahoma Alcoholic Beverage Control Act shall be grounds for suspension, revocation or cancellation of the license.

(f)   The provisions of this Section are severable and if any provision thereof shall be void, the decision of the court so holding shall not affect or impair the remaining parts or provisions of this Section.

[Source: Amended at 35 Ok Reg 833, eff 10-1-18]