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Act on the Sale of Alcoholic Beverages, Etc. (Alcohol Act)

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Act on the Sale of Alcoholic Beverages, Etc. (Alcohol Act) Unofficial version 01.09.2020 Act on the Sale of Alcoholic Beverages, etc. (Alcohol Act) Date ACT-1989-06-02-27 Ministry Royal Ministry of Health and Care Services Last amended ACT-2020-06-23-111 from 01.09.2020 Published ISBN 82-504-1491-8 Entry into force 01.01.1990 Legal area Commercial law ► Import and export Commercial law ► Food and alcohol Short title Alcohol Act – alkhl Table of Contents Act on the Sale of Alcoholic Beverages, etc. (Alcohol Act) ............................................................................... 1 Table of Contents ............................................................................................................................................. 1 Chapter 1. General provisions. ....................................................................................................................... 2 Chapter 2. Import and export ....................................................................................................................... 12 Chapter 3. Sale of alcoholic beverages. ........................................................................................................ 13 1 I. General provisions ................................................................................................................................ 13 1 II. Sale of alcoholic beverages in categories 2 and 3. ............................................................................. 15 1 III. Sale of alcoholic beverages in category 1. ........................................................................................ 16 Chapter 3A. Wholesale of alcoholic beverages. ........................................................................................... 18 Chapter 4. Municipal licences to serve alcoholic beverages. ...................................................................... 18 Chapter 5. State licences to serve alcoholic beverages. ............................................................................... 20 Chapter 6. Production ................................................................................................................................... 21 1 Chapter 7. Fees, taxes and the application of AS Vinmonopolet’s profit ................................................ 23 Chapter 8. Special orders and prohibitions. ................................................................................................ 24 1 Chapter 9. Prohibition against advertising ................................................................................................. 28 Chapter 10. Penalties ..................................................................................................................................... 30 Chapter 11. Entry into force of the Act ........................................................................................................ 31 Unofficial version 01.09.2020 - Act on the Sale of Alcoholic Beverages etc. (Alcohol Act) Page 1 Unofficial version 01.09.2020 Heading amended by Act of 17 December 2004, no. 86 (short title added) (entry into force 1 July 2005 in accordance with res.of 17 June 2005, no. 599). – Cf. Acts of 28 June 1912, no. 4, 19 June 1964, no. 1. – Cf. previous regulations of 8 March 1757 and 12 August 1811, Acts of 6 August 1824, 4 August 1827, 19 January 1837, 6 September 1845, 19 August 1848, 28 August and 24 September 1851, 26 August 1854, 28 September 1857, 18 May 1860, 14 February 1863, 9 June 1866, 12 June 1869, 3 May 1871, 4 May 1872, 5 May 1875, 1 June 1876, 14 June 1879, 1 May 1880, 23 April 1881, 3 June 1882, 16 June 1883, 18 June 1884, 29 June 1888, 9 May 1891, 20 July 1893 and 24 July 1894, with supplementary Acts of 12 June 1895, 6 August 1897, 13 December 1900 and 22 May 1902, 17 May 1904, no. 8 with supplementary Acts of 19 July 1912, no. 8, 25 July 1913, no. 12, 30 July 1915, no. 2, 25 May 1917, no. 1, 7 June 1917, 3 July 1917, no. 5, 2 August 1918, no. 2, 23 July 1919, nos. 1 and 2, 15 December 1920, no. 1, 16 September 1921, nos. 2 and 3, 7 July 1922, no. 9 and 23 March 1923, no. 3, 1 August 1924, no. 1 with supplementary Acts of 17 July 1925, no. 15 and 25 June 1926, no. 6 and 5 April 1927. Chapter 1. General provisions. Section 1-1. Purpose of the Act The purpose of regulating the import and retailing of alcoholic beverages1 pursuant to this Act is to curb to the greatest possible extent the harm to society and the individual that may result from the consumption of alcoholic beverages. To this end the Act aims at limiting the consumption of alcoholic beverages. 1 See Section 1-3. Section 1-2. Scope and extent of the Act The Act shall apply to the import into, and export from, and the retailing of alcoholic beverages1 in Norway. The ministry may issue regulations regarding the application of the Act in Svalbard2 Jan Mayen3 and on the continental shelf4 and may lay down special rules to take account of local conditions. 0 Amended by Acts of 22 December 1999 no. 108 (entry into force 1 January 2000), and 17 June 2005, no. 59 (entry into force 1 July 2005 in accordance with res. of 17 June 2005, no. 601). 1 See Section 1-3. 2 See Act of 17 July 1925, no. 11, Section 1 (2). 3 See Act of 27 February 1930, no. 2. 4 See Act of 21 June 1963, no. 12, Section 1, second sentence. Section 1-3. Definitions In this Act "alcoholic beverage" is used as a generic term for beverages that contain more than 2.5 per cent alcohol by volume, nevertheless such that the minimum age provision in Section 1-5 also applies to beverages containing between 0.7 and 2.5 per cent alcohol by volume. In this Act, the following definitions apply: - non-alcoholic beverage: beverage containing less than 0.7 per cent alcohol by volume - low-alcohol beverage: beverage containing between 0.7 and 2.5 per cent alcohol by volume - alcoholic beverage category 1: beverage containing more than 2.5 and a maximum of 4.7 per cent alcohol by volume - alcoholic beverage category 2: beverage containing more than 4.7 and less than 22 per cent alcohol by volume - alcoholic beverage category 3: beverage containing between 22 and 60 per cent alcohol by volume Spirits means a beverage that contains manufactured alcohol unblended or blended with other products. All beverages containing 22 per cent or more alcohol by volume shall be regarded as spirits. Unofficial version 01.09.2020 - Act on the Sale of Alcoholic Beverages etc. (Alcohol Act) Page 2 Unofficial version 01.09.2020 Liquids which are unsuited as intoxicants because of denaturation or for other reasons, shall not be regarded as alcoholic beverages pursuant to this Act; nor shall liquids to which alcohol has been added only in an amount necessary to keep them in solution or to impart keeping qualities. The provisions of this Act shall not apply to alcohol that pursuant to other Acts is sold, bought, supplied or dispatched for medical, technical or scientific use, or to spirits used for disinfection.1 The ministry may issue regulations on which alcoholic products shall be regarded as alcoholic beverages, and on which alcoholic beverages shall be regarded as spirits. In cases of doubt the ministry may settle such matters with binding effect. 0 Amended by Acts of 23 June 1995, no. 42, 16 May 1997 no. 28 (entry into force 1 January 1998), 2 July 1999, no. 57 (entry into force 1 July 1999), 13 December 2002, no. 87 (entry into force 1 January 2003 in accordance with res. of 13 December 2002, no. 1396), 17 December 2004, no. 86 (entry into force 1 July 2005 in accordance with res. of 17 June 2005, no. 599),and 6 May 2011, no. 13 (entry into force 1 January 2012 in accordance with res. of 6 May 2011, no. 466). 1 Cf. Act of 4 December 1992, no. 132, Section 26. Section 1-4. Definition of retailing, serving and wholesaling "Retailing" means the supply of alcoholic beverages1 to the consumer in return for payment for consumption off the premises. "Serving" means sale for consumption on the premises.. "Serving" is also deemed to include consumption of which the licensee2 is aware in parts of the premises that are at his disposal, on other premises in his possession, or in the immediate vicinity of the premises. “Wholesaling” means the supply of alcoholic beverages1 in return for payment that does not fall within the first or second paragraph. 0 Amended by Act of 23 June 1995, no. 42 (entry into force 1 January 1996). 1 Se Section 1-3. 2 Se Section 1-4 b. Section 1-4a. Licence requirement Alcoholic beverages2 may only be sold1, served1 or produced on the basis of a licence granted under this Act. 0 Added by Act of 16 May 1997, no. 28 (entry into force 1 January1998), amended by Act of 17 December 2004, no. 86 (entry into force 1 July 2005 in accordance with res. of 17 June 2005, no. 599). 1 Cf. Section 1-4. 2 See Section 1-3. Section 1-4b. Licensee Under this Act a licence shall be granted to the party for whose account the business is run. 0 Added by Act of 16 May 1997, no. 28 (entry into force 1 January 1998). Section 1-4c. Obligation to register – wholesaling of alcoholic beverages Alcoholic beverages1 may only be sold wholesale by undertakings registered with the Customs and Excise Service as liable for excise duty.2 However, goods on which special duty has been paid may be sold wholesale by undertakings registered under this Act in accordance with regulations issued by the ministry. Alcoholic beverages that are not sold wholesale to purchasers abroad may only be sold wholesale to a party holding a licence to retail3, serve4 or produce the beverage concerned or who is entitled to carry on wholesaling.
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