Okla. Stat. tit. 37A, § 37A-5-132
This is the official text of Okla. Stat. tit. 37A, § 37A-5-132, part of Oklahoma’s Stat. tit. 37A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 37A,." Browse the sections below, each linked to its official government source.
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Brand label required - Application for registration of
Official statutory text
brand label - Form – Fees.
A. Except as provided in subsection D of this section, no
alcoholic beverage shall be labeled, offered or advertised for sale
in this state unless in accordance with rules promulgated pursuant
to the provisions of Section 5-130 of this title and unless the
brand label shall have been registered with and approved by the ABLE
Commission and the appropriate fee paid as provided for in this
section.
B. An application for registration of a brand label shall be
filed by and fees paid by the manufacturer or brewer, winemaker,
distiller or nonresident seller of the brand. Licensees, other than
the foregoing applicants, shall not be required to verify
registration to the ABLE Commission and shall not be penalized for
any applicant’s failure to register its brand label in accordance
with this section. Cordials and wines which differ only as to age
or vintage year, as defined by such rules, shall be considered the
same brand, and those that differ as to type or class may be
considered the same brand by the ABLE Commission where consistent
with the purposes of this section.
C. The application for registration of a brand label shall be
filed on a form prescribed by the ABLE Commission, and shall contain
such information as the ABLE Commission shall require. Such
application shall be accompanied by a certified check, bank
officers’ check or draft or money order in the amount of the annual
registration fee, or the properly prorated portion thereof
prescribed by this section.
D. 1. The annual fee for registration of any brand label for
spirits shall be Three Hundred Seventy-five Dollars ($375.00),
unless total amount of spirits made available for sale in a single
year does not exceed fifty-three (53) gallons, in which case the
annual fee for registration of any brand label shall be Seventy-five
Dollars ($75.00). The annual fee for registration of any brand
label for beer shall be Two Hundred Dollars ($200.00). The annual
fee for registration of any brand label for wine made in the United
States, or for registration of any category of imported wine as
defined by the Oklahoma Tax Commission, shall be Two Hundred Dollars
($200.00). Beer manufactured in this state shall be exempt from
brand label registration fees.
2. Each brand label registered and approved pursuant to this
section shall be valid for a term of up to one (1) year, expiring on
the June 30 next following registration, and may be renewed for
subsequent terms of one (1) year beginning on the July 1 following
the initial registration. Brand registration fees for labels
registered after July 1 may be prorated through the following June
30 on a quarterly basis. The brand registration fee shall not be
transferable, unless otherwise allowed by law. A nonresident seller
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 169
who registered brands prior to May 7, 2019, may transfer brand
registrations to the brewer or manufacturer that produces those
brands, provided the brewer or manufacturer has obtained a license,
at no expense to the nonresident seller, brewer or manufacturer.
E. If the ABLE Commission shall deny the application for
registration of a brand label, it shall return the registration fee
to the applicant, less twenty-five percent (25%) of such fee.
F. The ABLE Commission may at any time exempt any discontinued
brand from fee provisions of this section where a manufacturer,
brewer, beer distributor or wholesaler has an inventory of one
hundred cases or less of liquor or wine and five hundred cases or
less of beer, and certifies to the ABLE Commission in writing that
such brand is being discontinued.
G. No private labels or control labels shall be approved for
sale in this state, except for charity collaboration beer as
authorized in Section 2-102.1 of this title.
A. Except as provided in subsection D of this section, no
alcoholic beverage shall be labeled, offered or advertised for sale
in this state unless in accordance with rules promulgated pursuant
to the provisions of Section 5-130 of this title and unless the
brand label shall have been registered with and approved by the ABLE
Commission and the appropriate fee paid as provided for in this
section.
B. An application for registration of a brand label shall be
filed by and fees paid by the manufacturer or brewer, winemaker,
distiller or nonresident seller of the brand. Licensees, other than
the foregoing applicants, shall not be required to verify
registration to the ABLE Commission and shall not be penalized for
any applicant’s failure to register its brand label in accordance
with this section. Cordials and wines which differ only as to age
or vintage year, as defined by such rules, shall be considered the
same brand, and those that differ as to type or class may be
considered the same brand by the ABLE Commission where consistent
with the purposes of this section.
C. The application for registration of a brand label shall be
filed on a form prescribed by the ABLE Commission, and shall contain
such information as the ABLE Commission shall require. Such
application shall be accompanied by a certified check, bank
officers’ check or draft or money order in the amount of the annual
registration fee, or the properly prorated portion thereof
prescribed by this section.
D. 1. The annual fee for registration of any brand label for
spirits shall be Three Hundred Seventy-five Dollars ($375.00),
unless total amount of spirits made available for sale in a single
year does not exceed fifty-three (53) gallons, in which case the
annual fee for registration of any brand label shall be Seventy-five
Dollars ($75.00). The annual fee for registration of any brand
label for beer shall be Two Hundred Dollars ($200.00). The annual
fee for registration of any brand label for wine made in the United
States, or for registration of any category of imported wine as
defined by the Oklahoma Tax Commission, shall be Two Hundred Dollars
($200.00). Beer manufactured in this state shall be exempt from
brand label registration fees.
2. Each brand label registered and approved pursuant to this
section shall be valid for a term of up to one (1) year, expiring on
the June 30 next following registration, and may be renewed for
subsequent terms of one (1) year beginning on the July 1 following
the initial registration. Brand registration fees for labels
registered after July 1 may be prorated through the following June
30 on a quarterly basis. The brand registration fee shall not be
transferable, unless otherwise allowed by law. A nonresident seller
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 169
who registered brands prior to May 7, 2019, may transfer brand
registrations to the brewer or manufacturer that produces those
brands, provided the brewer or manufacturer has obtained a license,
at no expense to the nonresident seller, brewer or manufacturer.
E. If the ABLE Commission shall deny the application for
registration of a brand label, it shall return the registration fee
to the applicant, less twenty-five percent (25%) of such fee.
F. The ABLE Commission may at any time exempt any discontinued
brand from fee provisions of this section where a manufacturer,
brewer, beer distributor or wholesaler has an inventory of one
hundred cases or less of liquor or wine and five hundred cases or
less of beer, and certifies to the ABLE Commission in writing that
such brand is being discontinued.
G. No private labels or control labels shall be approved for
sale in this state, except for charity collaboration beer as
authorized in Section 2-102.1 of this title.
Status: in_force · Read it on the official government site
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