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42.11.406    PRODUCT LISTING

(1) A product will be listed as a "regular" product if it meets the minimum sales standards in ARM 42.11.407 unless it only meets those standards temporarily as a result of closeout or overstock sales in accordance with ARM 42.11.409 and if the product is maintained in the bailment warehouse in accordance with ARM 42.11.421. A product will retain this classification if a vendor maintains it in the bailment warehouse and the conditions in ARM 42.11.424 do not occur.

(2) A product will be listed as a "warehouse supply" product if it is a specialty product meeting sales criteria and is maintained in the warehouse.

(3) A product will be listed as a "special order" product if it is rare or unusual and not maintained in the warehouse. Depending on supplier requirements, demand for a product, and availability of a product, orders may take six weeks or more to be filled.

(4) A liquor product will be listed as a "promotional" product if the department receives and approves a written proposal that:

(a) is submitted by a vendor who has a Montana vendor permit in accordance with ARM 42.11.213 and has at least one representative registered in accordance with ARM 42.11.205 and 42.11.211;

(b) states that the product will be maintained in the bailment warehouse in accordance with ARM 42.11.421;

(c) has no major obstacles to merchandising the product; and

(d) provides the following information for each product by bottle size:

(i) a completed standard quotation and specification form signed by the vendor or an officer of the vendor which:

(A) references the national alcoholic beverage control association control state code for the product;

(B) makes the price firm for the first three months following the effective date of the listing; and

(C) provides an agreement that subsequent price increases will be noticed not less than 60 days prior to a price list effective date;

(ii) a list of the test market locations proposed for the new product and the expected initial order amount; and

(iii) a description of the promotional strategy that the vendor and the vendor's registered representative will undertake during the six-month promotion period.

(5) Sample products, like all regular inventory products, must be shipped to the state liquor warehouse for distribution purposes. Sample products must meet the following criteria:

(a) samples are limited to 750 millimeter sizes or less; and

(b) limit of six cases per brand, per vendor, per calendar year in addition to six cases of 50 millimeters.

History: Sec. 16-1-103 and 16-1-303, MCA; IMP, Sec. 16-1-103, 16-1-104, and 16-1-302, MCA; NEW, 1988 MAR p. 87, Eff. 1/15/88; AMD, 1990 MAR p. 1839, Eff. 9/28/90; AMD, 2001 MAR p. 348, Eff. 2/23/01; AMD, 2003 MAR p. 2899, Eff. 12/25/03.

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