SECTION 45:40-5-1. Containers

(a)   All original packages of alcoholic beverages sold or offered for sale in this State 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 interests of the public. All such original packages of alcoholic beverages shall, before being offered for sale or sold, be approved by the Director as to nature and form. All Manufacturers, or corporate subsidiaries of any Manufacturer who markets his products through a subsidiary, Rectifiers, Distillers, Fermenters, and distributors of alcoholic beverages bottled in foreign countries, shall submit for approval the front and back labels for each container size. An eight (8) by ten (10) inch photograph along with labels, if any, shall be submitted for decanters. Said labels and/or photographs shall be attached to and be a part of the price list of each such Manufacturer or corporate subsidiary, as provided for in 45:30-3-3. Each Manufacturer or corporate subsidiary of a Manufacturer who markets his products through a subsidiary, Rectifier, Distiller, Fermenter and distributor of alcoholic beverages for sale in this State shall furnish a copy of the price list containing such information as is required by the regulations for price lists, as provided for in 45:30-3-3, and it shall be accompanied by front and back labels and/or photographs of decanters of each item contained on said price list for approval as to nature and form.

(b)   After a container has been approved as to nature and form for sale in Oklahoma, it need not again be submitted for approval. No new container embodying changes as to nature and form for the same brand or kind of merchandise shall be sold or offered for sale until labels of said container shall have been submitted to the Director for his approval. No container shall be offered for sale in this State at a price in excess of any other approved container for the same quantity of the same brand or kind of alcoholic beverages, except beer, and then only when there is a difference in the cost of the container and/or package to the Brewer, other Nonresident Sellers of brewed products and/or Beer Distributors. When prior approval has been received from the Director, individual bottle racks, stands, pourers, and pumps will be permitted for gallon and one-half gallon size containers only; PROVIDED, that these items are offered at no additional cost, each and every container is equipped in the same manner, and said rack, stand, pourer and pump will be in the shipping carton, or in accompanying carton, with the alcoholic beverage so offered. It is the intent and purpose of this regulation to require the approval of original containers and labels as to composition, nature, and form, and it shall be required that prior approval be secured from the Director by reason of any change in the original container or label. A photograph of a new decanter and/or label must be submitted with the request for approval.

[Source: Amended at 35 Ok Reg 853, eff 10-1-18]