Req. No. 2976 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1937 By: Garvin
AS INTRODUCED
An Act relating to alcoholic beverages; amending 3 7A
O.S. 2021, Section 5 -132, as amended by Section 4,
Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2023, Section
5-132), which relates to brand label re gistration;
exempting registration for certain licensees;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 5 -132, as
amended by Section 4, Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2023,
Section 5-132), is amended to read as follows:
Section 5-132. 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 acc ordance with rules
promulgated pursuant to the provisions of Sectio n 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 bran d label shall be
filed by and fees paid by the manufacturer or brewer, winemaker,
Req. No. 2976 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 fo r
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, sh all 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. A licensee registering a brand
label with an appropriate federal a gency as prescribed by fede ral
law and regulations shall be considered in compli ance with this
section and shall not be required to register with the ABLE
Commission.
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 secti on.
D. 1. The annual fee for registration of any brand label for
spirits shall be Three Hundred Seventy-five Dollars ($375.00). The
annual fee for registration of any brand label for beer shall b e Two
Hundred Dollars ($200.00). The annual fee for regis tration of any
Req. No. 2976 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, ex piring on
the June 30 next following registration, an d 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 allow ed by law. A nonresident seller
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 ma nufacturer has obtained a license,
at no expense to the nonresi dent 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
Req. No. 2976 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2976 MR 1/18/2024 12:14:23 PM