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42.11.243    SAMPLES

(1) The distribution of samples in Montana may only be conducted as follows:

(a) the vendor must hold a current vendor permit as required under ARM 42.11.213;

(b) the vendor representative must be registered as required under ARM 42.11.211;

(c) except as provided for in 16-4-311, MCA, the vendor must ship the samples to the state liquor warehouse at no charge to the department;

(d) an agency liquor store may only sell samples to a registered vendor representative and the cost shall be $12.00 per case; and

(e) only registered vendor representatives may provide samples.

(2) Each vendor is subject to an annual sample limitation of 200 liters per product. Samples are limited to primary packaging containing no more than 750 milliliters. If a vendor does not produce a product in a size of 750 milliliters or less, the next largest size may be substituted.

(3) For samples to be removed from bailment, the vendor must submit a request on a form provided by the department at least seven days prior to the requested ship date.

(4) A registered vendor representative may only provide samples as follows:

(a) samples may only be provided to licensed all-beverage retailers or agency liquor store agents;

(b) samples may not be provided to an all-beverage retailer or agency liquor store that purchased the product within the previous 12 months; and

(c) no more than three liters of a product may be provided to a retailer or agency liquor store.

(5) Samples may not be consumed on the premises of an agency liquor store.

History: 16-1-303, MCA; IMP, 16-3-103, 16-3-107, MCA; NEW, Eff. 9/4/75; AMD, 1979 MAR p. 1119, Eff. 9/28/79; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 1996 MAR p. 3146, Eff. 12/6/96; AMD, 2003 MAR p. 2899, Eff. 12/25/03; AMD, 2007 MAR p. 478, Eff. 4/13/07; AMD, 2011 MAR p. 451, Eff. 3/25/11; AMD, 2014 MAR p. 2793, Eff. 11/7/14; AMD, 2015 MAR p. 2093, Eff. 11/26/15.

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