Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 471.440

Manufacture, fermentation or possession of mash, wort or wash; establishment or operation of distillery without license; prima facie evidence

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      471.440 Manufacture, fermentation or possession of mash, wort or wash; establishment or operation of distillery without license; prima facie evidence. (1) Except as provided in ORS 471.037 and 471.403, mash, wort or wash fit for distillation or for the manufacture of spirituous alcoholic liquors may not be made, fermented or possessed within this state by any person that does not at the time own a distillery license under the Liquor Control Act.

      (2) A distillery may not be set up or operated in this state for the purpose of manufacturing alcoholic liquor for beverage purposes except by a person duly licensed under the Liquor Control Act to operate a distillery. Any device or process that separates alcoholic spirits from any fermented substance shall be regarded as a distillery. A distillery is set up if the still is in position over a furnace, or is connected with a boiler, so that heat may be applied, although the worm or worm tank is not in position.

      (3) The finding of any mash, wort, wash or distillery in any house, on any premises or within any enclosure, is prima facie evidence that it was made and fermented by, or set up by, and the property of, the person who is in possession of the house, premises or enclosure. [Amended by 1999 c.351 §73; 2011 c.12 §5]

Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: State v. Ritner
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State v. Ritner (1984) orctapp “On first and second convictions, the latter being the case hére, the provisions of ORS 471.440(3) (a) and (b) limit the mandatory penalty to a specific fine.”
— Or. Rev. Stat. § 471.440(3) — 1 case
State v. Ritner (1984) orctapp “On first and second convictions, the latter being the case hére, the provisions of ORS 471.440(3) (a) and (b) limit the mandatory penalty to a specific fine.”
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