Bill Text: OR HB2071 | 2013 | Regular Session | Introduced

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Bill Title: Relating to alcohol.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2071 Detail]

Download: Oregon-2013-HB2071-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2612

                         House Bill 2071

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Business
  and Labor)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Clarifies minimum alcohol content making nonbeverage foods
subject to Oregon Liquor Control Commission regulation.

                        A BILL FOR AN ACT
Relating to alcohol; amending ORS 471.038.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.038 is amended to read:
  471.038. (1) Nonbeverage food products described in subsection
(6) of this section may be sold at retail by any holder of a
license issued by the Oregon Liquor Control Commission that
authorizes the sale of alcoholic liquor at retail, or in any
store operated by the commission under the provisions of ORS
471.750.  Any nonbeverage food product containing more than
one-half of one percent of alcohol by volume must be clearly
labeled to reflect the alcohol content of the product and clearly
labeled on the front of the package to indicate that the product
may not be sold to persons under 21 years of age.
  (2) Except as provided by this section, sales of nonbeverage
food products described in subsection (6) of this section are
subject to all provisions of this chapter, including the
prohibitions on sales to persons under 21 years of age and the
prohibitions on sales to persons who are visibly intoxicated.
  (3) Nonbeverage food products described in subsection (6) of
this section may be imported, stored and distributed in this
state without a license issued by the commission. Nonbeverage
food products described in subsection (6) of this section are not
subject to the privilege taxes imposed by ORS chapter 473.
  (4) Manufacturers of nonbeverage food products described in
subsection (6) of this section are not subject to the provisions
of ORS 471.392 to 471.400, 471.485, 471.490 or 471.495 or any
other provision of this chapter relating to manufacturers of
alcoholic liquor. A manufacturer of nonbeverage food products
described in subsection (6) of this section may sell and deliver
the product directly to a licensee authorized under this section
to sell the product at retail.
  (5) The holder of a distillery license issued under ORS 471.230
who is also a manufacturer of nonbeverage food products described
in subsection (6) of this section may purchase distilled liquor
directly from other distilleries.
  (6) The provisions of this section apply only to nonbeverage
food products that contain  { + more than one-half of one percent
of alcohol by volume and + } not more than  { + the greater
of + } five percent alcohol by weight or 10 percent alcohol by
volume  { - , whichever is greater - } .
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