OLCC: Law says brewing hobbyists must leave alcoholic wares at home
From our weekly issue dated July 28, 2010
Earlier this spring, the Oregon Liquor Control Commission (OLCC) was contacted by a licensee to see if they could include home brewers in an event on their licensed premises.
At that time, OLCC requested a Dept. of Justice (DOJ) legal opinion to see if there was any legal way to allow this under the current statute (ORS 471.403). The resulting legal interpretation is that under the current statute, home brewers lost their exemption to brew without a license once the product left the home.
Searching for solutions that would allow home brew and wine competition to be held this summer, OLCC asked DOJ to take a deeper look at this issue.
“After consulting DOJ general counsel, we have reached the unfortunate conclusion that no practical alternative exists to allow the home brew competitions legally within existing statutes,“ said OLCC.
“We were really hoping that we could find a legal alternative for this summer.
“We know that these contests serve as a springboard for professional hopefuls. That is why we are committed to providing our full support to the Legislature to find a permanent fix for this issue in 2011,“ said OLCC.
In order to provide tastings at public events, OLCC has determined, one must obtain the appropriate manufacturers license, and the event must be held at an annually licensed location (per ORS.471.402).
“OLCC recognizes that the process of obtaining the required licenses could be burdensome for home brewers and wine makers,“ the agency noted in a written release. “For these reasons, OLCC is cognizant that it is not a practical alternative for this season.
“OLCC researched many options to allow the contest to continue this year.
“OLCC recognized early on that the only true solution is a legislative fix that needs to come from changing the statute in the next legislative session. Although there doesn“t appear to be an easy remedy for this summer, OLCC is working with legislators to create a permanent solution for next year and years after.“
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