If an industry member is a bona fide producer, wholesaler, or retailer of other merchandise, such as groceries or pharmaceuticals, that industry member may sell that merchandise to vendors under the following conditions:

1. (1) The merchandise is sold at fair market value, either wholesale or retail;
2. (2) The merchandise is not sold in combination with alcoholic beverages except as provided in rule 61A-1.01022, F.A.C.;
3. (3) The industry member’s cost for acquiring the merchandise appears in that industry member’s invoices or other records;
4. (4) The sale of merchandise is itemized separately from the sale of alcoholic beverages; and
5. (5) No equipment, as referenced in subsection 61A-1.010(1), F.A.C., or vehicles may be sold as merchandise.

Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-16-10.