1. (1) In addition to advertising and point of sale material, ORS 471.398(4) allows a supplier (manufacturer or wholesaler), or its agents, to provide items of nominal value to a retailer. This rule describes the items of nominal value a supplier, or its agents, may give to a retailer.

2. (2) A supplier, or its agents, may give basic items that support the supplier’s products at the retailer's premises such as:

   1. (a) Tavern Heads:

      1. (A) One tavern head per calendar year per retail licensee;
      2. (B) A trade-in of a tavern head at the fair market value as partial payment for a new one when the retailer replaces an existing draft system.
   2. (b) Washers or Thomas valves necessary for proper operation of draft equipment;
   3. (c) New and used empty shells or bags in sufficient quantity for returning the supplier’s empty containers;

   4. (d) Samples and Tastings:

      1. (A) Tastings or samples of distilled spirits that the retailer does not carry but only in an amount not to exceed 50 ml.;
      2. (B) Tastings or samples of wine and malt beverages that the retailer does not carry. The sample must not exceed a one gallon container of malt beverage or a five liter container of wine. It must be clearly and permanently marked "sample — not for resale";
      3. (C) Distilled spirits, wine and malt beverage tastings for retailer educational seminars that are not open to the public.
3. (3) A violation of any section of this rule is a Category III violation.

Statutory/Other Authority

ORS 471, including 471.030, 471.730(1) & (5)

Statutes/Other Implemented

ORS 471.398(4)

History

OLCC 5-2009, f. 4-21-09, cert. ef. 5-1-09
OLCC 7-1992, f. & cert. ef. 7-1-92, Renumbered from 845-010-0126
OLCC 8-1987, f. 31-3-87, cert. ef. 4-1-87