Bill Text: OR HB2588 | 2011 | Regular Session | Introduced

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Bill Title: Relating to alcoholic beverages.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2588 Detail]

Download: Oregon-2011-HB2588-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 348

                         House Bill 2588

Sponsored by Representative SCHAUFLER; Representative MATTHEWS
  (Presession filed.)

                             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.

  Expands homemade beer, wine and fermented fruit juice exemption
from Liquor Control Act.

                        A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions; and
  amending ORS 471.403 and 471.440.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 471. + }
  SECTION 2.  { + (1) As used in this section, 'noncommercial '
means unrelated to any financial consideration, including but not
limited to direct or indirect consideration through sales,
barter, trade, fees, charges, dues, contributions or donations.
However, for purposes of this subsection, medals, trophies or
other contest awards of de minimis monetary value and the
homemade beers, wines and fermented fruit juices of other persons
are not financial consideration.
  (2) Except as provided in subsection (3) of this section, the
Liquor Control Act does not apply to:
  (a) The making of beer, naturally fermented wine or naturally
fermented fruit juice, in a home for the purpose of noncommercial
consumption;
  (b) The keeping or transportation of beer, naturally fermented
wine or naturally fermented fruit juice, made in a home for the
purpose of noncommercial consumption; or
  (c) The possession of mash, wort or wash, for the purpose of
making beer, naturally fermented wine or naturally fermented
fruit juice in a home for noncommercial consumption.
  (3) Subsection (2) of this section does not exempt any person
from ORS 471.410, 471.430 or 471.432. + }
  SECTION 3. ORS 471.403 is amended to read:
  471.403. (1) No person shall brew, ferment, distill, blend or
rectify any alcoholic liquor unless licensed so to do by the
Oregon Liquor Control Commission.   { - However, the Liquor
Control Act does not apply to the making or keeping of naturally
fermented wines and fruit juices or beer in the home, for home
consumption and not for sale. - }
  (2) Notwithstanding subsection (1) of this section, the holder
of a brewery-public house license or a brewery license may allow
patrons to brew malt beverages not to exceed 14 percent alcoholic
content by volume if the brewing is conducted under the direct
supervision of the licensee or employees of the licensee.  Malt
beverages produced under this subsection may not be sold by the
patron or consumed on the licensed premises.
  (3) Notwithstanding subsection (1) of this section, the holder
of a winery license may allow patrons to make wine if the
winemaking is conducted under the direct supervision of the
licensee or employees of the licensee. Wine produced under this
subsection may not be sold by the patron or consumed on the
licensed premises.
  SECTION 4. ORS 471.440 is amended to read:
  471.440. (1) No mash, wort or wash fit for distillation or for
the manufacture of spirituous alcoholic liquors, shall be made,
fermented or possessed within this state by any person
 { - who - }  { +  that + } does not at the time own a distillery
license under the Liquor Control Act.   { - This section does not
prevent the possession of mash for the purpose of manufacturing
wine, cider or beer for home consumption as provided for in ORS
471.403. - }
  (2) No distillery shall be set up or operated in this state for
the purpose of manufacturing alcoholic liquor for beverage
purposes except by a person duly licensed under the Liquor
Control Act to operate a distillery. Any device or process
 { - which - }  { +  that + } separates alcoholic spirits from
any fermented substance shall be regarded as a distillery. A
distillery is set up   { - when - }  { +  if + } the still is in
position over a furnace, or is connected with a boiler, so that
heat may be applied, although the worm or worm tank is not in
position.
  (3) The finding of any mash, wort, wash or distillery in any
house, on any premises or within any enclosure, is prima facie
evidence that it was made and fermented by, or set up by, and the
property of, the person who is in possession of   { - such - }
 { +  the + } house, premises or enclosure.
  SECTION 5.  { + Section 2 of this 2011 Act and the amendments
to ORS 471.403 and 471.440 by sections 3 and 4 of this 2011 Act
apply to beer, wine and fermented fruit juices made before, on or
after the effective date of this 2011 Act. + }
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