Okla. Admin. Code § 45:30-3-2
Current through Vol. 42, No. 4, November 1, 2024
Section 45:30-3-2 - Manufacturer's brand name label registration(a) No alcoholic beverage shall be sold or offered for sale to an Oklahoma licensed Wine and Spirits Wholesaler 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.(b) The registration shall be prepared on a form approved by the Commission and shall include the price, brand, type, size, age, and proof of each item of spirits, wines, cordials, and specialties. All items of champagnes and wines shall show the brand, price, size and alcoholic content thereof.(c) The registration shall be accompanied by a certified check, bank officer's check or draft, or money order in the amount of Three Hundred Seventy-Five Dollars ($375) for each brand or label that such Nonresident Seller, Manufacturer, or Wine and Spirits Wholesaler proposes to offer for sale.(d) 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.(e) A separate fee will be required for each brand name label of spirits that differs as to name, class, type, age, or proof. Items that differ only as to color or flavor may be considered as one. Each different label other than container size will be considered a separate item.(f) A separate fee will be required for each brand of cordials and specialties. When items of the brand vary only as to flavor, they may be considered as one. A separate fee in the amount of Three Hundred Seventy-Five Dollars ($375) shall be required for cordials in the following categories, to wit; (g) A separate fee in the amount to Two Hundred Dollars ($200) shall be required for each brand name label used for domestic American wines in the following categories or types; (3) table or light wines,(h) A separate fee in the amount of Two Hundred Dollars ($200) shall be required of each brand name label used for imported or foreign wines. Imported or foreign wines with the same country of origin will be considered the same brand name label within each of the following classes or types; (i) In determining the fee for filing a brand name label or brand under the provisions of this Section, no additional fee shall be shall be charged for variations in net contents, vintage age or year, 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 Administration Act, will be submitted with each registration of a brand name label to aid in determining the appropriate registration fee.(j) Each brand name label registered and approved pursuant to this Section shall be valid for a term which shall run concurrently with the term of the license of the brand owner, or nonresident seller, representing the brand owner, registering such label and shall be valid for such license only and shall not be transferable.(k) 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 requirements are of this Section are satisfied.(l) Each new item offered for sale must comply with the Oklahoma Alcoholic Beverage Control Act and rules of the Commission in regard to labeling and container size.(m) All spirits and wines being offered for sale must be posted at a case price and all sales must be made in case lots. Each case must have containers of the same size, shape and design, and each container must contain merchandise of the same category.(n) 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.(o) The bottling, packaging, sale or possession by any licensee of any alcoholic beverage not registered in conformity with this Section and the provisions of Section 573 of Title 37 of the Oklahoma Statutes shall be grounds for suspension, revocation or cancellation of the license.(p) 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.Okla. Admin. Code § 45:30-3-2
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018