Homemade beer, wine and fermented fruit juice exemption from liquor laws
(1) As used in this section and ORS 471.268 (Homemade malt beverages and wines at licensed premises):
(a)(A) “Financial consideration,” except as provided in subparagraph (B) of this paragraph, means value that is given or received directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.
(B) “Financial consideration” does not mean any of the following:
(i) A tax deduction or credit for donating beer, wine or fermented fruit juice to a nonprofit organization.
(ii) An event admission charge or club or organization dues, if the amount of the admission charge or dues is independent of the amount of alcoholic beverages to be provided or consumed at the event or through club or organization activities.
(iii) A prize awarded at a state or county fair or other organized judging, tasting, exhibition, contest or competition at which consumption of a submitted beer, wine or fermented fruit juice is without charge and only by the entrants, submitters, judges, exhibitors, contestants or competitors.
(iv) Homemade beers, wines or fermented fruit juices made by other persons.
(v) Beer, wine or fermented fruit juice ingredients.
(vi) Wages and salaries paid by an educational organization for teaching brewing, winemaking, fermentation science or fermentation processes.
(vii) The receipt of donated homemade beers, wines or fermented fruit juices by a nonprofit or charitable organization registered in this state for sale at an auction under ORS 471.162 (Exemptions from license requirement) (6), or the proceeds received by the organization from selling those donated homemade beers, wines or fermented fruit juices at an auction under ORS 471.162 (Exemptions from license requirement) (6).
(b) “Homemade” means made for noncommercial purposes.
(c) “Noncommercial” means not dependent or conditioned upon the provision or receipt of financial consideration.
(2) Except as provided in subsection (3) of this section, the Liquor Control Act does not apply to the following:
(a) The making of homemade beer, wine or fermented fruit juice, if the total of beer, wine and fermented fruit juice produced during a calendar year does not exceed:
(A) One hundred gallons in a household having one person who is 21 years of age or older; or
(B) Two hundred gallons in a household having two or more persons who are 21 years of age or older.
(b) The keeping, storage or transportation of homemade beer, wine or fermented fruit juice.
(c) The possession of mash, wort or wash, for the purpose of making homemade beer, wine or fermented fruit juice.
(d) Except as provided in ORS 471.268 (Homemade malt beverages and wines at licensed premises), the noncommercial consumption at any location of homemade beer, wine or fermented fruit juice.
(3) Subsection (2) of this section does not exempt any person from ORS 471.410 (Providing liquor to person under 21 or to intoxicated person), 471.430 (Purchase or possession of alcoholic beverages by person under 21) or 471.432 (Examination for problem condition involving alcohol upon conviction). [2011 c.12 §2; 2017 c.533 §4]
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