Rule 560-2-2-.34. Product Recall

1. (1) For products that are unmarketable due to internal content deterioration resulting in the product varying substantially in taste or appearance from the Manufacturer's specifications, or other conditions the Commissioner deems appropriate, the Manufacturer, Shipper or Importer may petition the Commissioner in writing to request authorization to recall such products.

   1. (a) Except in cases where there is an immediate threat to public health and safety, the recall request shall be submitted so that it is received by the Alcohol & Tobacco Division at least fifteen (15) days in advance of the proposed date for initiating the recall and shall specifically detail the reason for the recall, including:

      1. 1. The extent and scope of the problem with the product(s);
      2. 2. The amount in distribution within Georgia; and
      3. 3. The estimated amount of time needed to complete the recall.
   2. (b) All approved recalls shall be conducted by Wholesalers working in conjunction with the impacted Manufacturer, Shipper, or Importer under terms and conditions agreed to by the Wholesalers and the impacted Manufacturer, Shipper, or Importer.

   3. (c) Where a product is recalled pursuant to this provision, the product shall be exchanged for an equal quantity of the same product.

      1. 1. Where the same product is unavailable because the recall encompasses the total removal of a product from distribution or otherwise, the product shall be exchanged for an equal quantity of a product that is the same type of Alcoholic Beverages, or where such a product is unavailable, the issuance of a credit to the Retailer equal to the original purchase price paid by the Retailer.
   4. (d) There shall be no refund or credit of any excise tax paid on any products subject to recall for any reason.
   5. (e) Records regarding recalls of products shall be maintained in a manner consistent with O.C.G.A. § 3-3-6.

Authority: O.C.G.A. §§ 3-2-2, 3-2-3, 3-2-4, 3-3-6.

History. Original Rule entitled "Sales by Vending Machines" adopted. F. May 5, 1982; eff. May 25, 1982.

Repealed: New Rule entitled "Product Recall" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.

Amended: F. May 31, 2023; eff. June 20, 2023.