supplier (manufacturer, wholesaler, or its agents), may provide point of sale
materials and consumer take-aways to a retailer provided that the conditions
prescribed in section (3) of this rule are met. Suppliers may provide point of
sale material only for display at the retailer's premises. No minimum purchase
may be required of a retailer in order to have an item at their
Definitions. For this
Point of sale advertising materials
are items designed to be used at a retail establishment to attract consumer
attention to a supplier's products. Such materials include window decorations,
posters, placards, trays, coasters, mats, menu cards, meal checks, paper
napkins, foam scrapers, back bar mats, calendars, alcohol beverage lists or
menus, display mirrors, table tents, chalk boards, thermometers, and similar
items of like value. Also allowed are signs (neon, electrical, mechanical,
inflatable or otherwise). Point of sale items do not include fixtures,
furniture or furnishings as prohibited by ORS
take-aways are items intended for use by the retailer's customers off the
premises that provide information to the retailer's customers but do not
promote the retailer's business. Only items made of paper or other similar
inexpensive material are allowed to be given to the retailer and such
informational items include recipes, sports and entertainment event schedules,
and informational pamphlets.
Conditions and limitations.
(a) All point of sale advertising materials
and consumer take-aways must bear conspicuous and substantial advertising
matter about the product or the supplier that is permanently inscribed or
securely affixed. The name and address of the retailer may appear on the point
of sale advertising materials only.
(b) The supplier may not directly or
indirectly pay or credit the retailer for using or distributing these items or
for any expense incidental to their use.
The Commission prohibits any advertising
that contains material so appealing to minors that it encourages them to
purchase, possess, or drink alcoholic beverages (OAR
(d) Items that
predominantly advertise the supplier's alcoholic beverage products but also
advertise a generic food product are allowed. This subsection does not prohibit
cross-promotions of the supplier's alcoholic beverage product with a specific
food product or brand when the food product producer is not a retail licensee;
the food product producer pays at least half the cost of the cross-promotion;
and any retailer who receives the item pays none of the costs. For example, a
cheese manufacturer and a wine manufacturer jointly produce a poster to promote
their products. As long as the cheese manufacturer is not a retail licensee,
the cheese manufacturer pays at least half the costs and the retail licensee
pays none of the costs, the Commission treats the poster as an alcoholic
beverage/generic food product item;
(e) Items that predominantly advertise the
supplier's alcoholic beverage products but also have generic words or symbols
for activities the supplier wants to associate with his/her alcoholic beverage
products are allowed. Exterior material may, however, have only generic symbols
relating to activities, not words.
Beer, wine and distilled spirits lists.
Despite OAR 845-013-0001
(3)(b)(A) that limits items of nominal value to the
supplier's products, the list may include any malt beverage, wine or distilled
spirit the retailer sells. Despite 845-013-0001(3)(d) that prohibits
customization, the supplier may add generic food references to the list. For
example, the list may indicate that a particular alcoholic beverage goes well
with chicken but may not refer to a chicken dish on the retailer's
(g) Exterior point of sale
material given or loaned under this rule must not exceed 2160 square inches.
This means that inflatables or any point of sale material cannot be displayed
in a retailer's parking lots or other outside areas if the material exceeds
2160 square inches.
A violation of any section of this rule is a Category III violation.
Or. Admin. R.
OLCC 8-1987, f. 31-3-87,
ef. 4-1-87; OLCC 7-1992, f. & cert. ef. 7-1-92; Renumbered from
845-010-0124; OLCC 5-2009, f. 4-21-09, cert. ef. 5-1-09; OLCC 4-2011, f.
4-25-11, cert. ef. 5-1-11
Stat. Auth.: ORS 471, including
Stats. Implemented: ORS