Rule 560-2-4-.05. Trade Practices - Inventory Rotations; New Brands; Displays and Bins

1. (1) No Wholesaler, or anyone acting on its behalf, shall alter, disturb, move, rearrange, or remove any Alcoholic Beverage within any Premises of a Retailer or Retail Consumption Dealer, except:

   1. (a) In a retail business where a Malt Beverage Wholesaler has been assigned a specific cooler and/or shelf space, the Malt Beverage Wholesaler may affix the price, as designated by the Retailer, and place its Brand Label in an assigned specific cooler and/or shelf space;

      1. 1. Wholesaler personnel cannot subsequently change or alter the retail price information affixed to Malt Beverages at time of delivery.
2. (2) A Malt Beverage Wholesaler may rotate its inventory while stocking its assigned Brand Label within the Place of Business of a Retailer including storerooms, product displays, warm shelves, and coolers.

3. (3) Upon introduction of a new Brand Label for distribution and sale in Georgia, or within a Wholesaler's sales territory, Wholesalers, at the request of a Retailer or Retail Consumption Dealer, may assist in rearranging available cooler and/or shelf space which has been previously assigned to the Wholesaler.

   1. (a) This service is permitted only within sixty (60) calendar days of date of receipt of first shipment of the Brand Label by the Wholesaler and is limited to the rearranging of the Wholesalers' designated Brand Labels.
4. (4) Permitted sales Representatives of Wholesalers, Brokers, Importers, and Manufacturers may deliver generic point-of-sale displays and bins to Retailers provided such displays are made available to all Retailers and Retail Consumption Dealers on equal terms.

5. (5) The Wholesaler, at the request of a Retailer or Retail Consumption Dealer, may construct displays and bins on the Premises of a Retailer or Retail Consumption Dealer.

   1. (a) These are allowed as part of the Wholesaler's marketing function;
   2. (b) The construction or setup of displays and bins may include initially stocking the display with Alcoholic Beverages;
   3. (c) Any further resets of Alcoholic Beverages associated with the display must be as prescribed under Rule 560-2-2-.17.
6. (6) No Wholesaler, Broker, Importer, Manufacturer, or any of their employees or agents shall alter, disturb, block, or in any way impede the property of any other Wholesaler or the products or displays relating to products offered by other Wholesalers.
7. (7) Wholesalers are not permitted to re-shelve Alcoholic Beverages contained in a display or bin.

8. (8) Except as provided in paragraph (3) of this regulation, all services authorized to be performed by a Wholesaler on or within the Place of Business of a Retailer or Retail Consumption Dealer must be performed within five (5) business days (excluding state holidays and Sunday) after the date of delivery by the Wholesaler, its employees, agents, or contractors.

   1. (a) Wholesalers shall maintain written copies of their schedules for a subsequent period of three calendar years and make such schedules available to the Commissioner upon request.

Authority: O.C.G.A. §§ 3-2-2, 3-2-6, 48-2-12.

History. Original Rule entitled "Reports on Sales, Withdrawals, Breakage and Other Losses" adopted. F. and eff. June 30, 1965.

Repealed: New Rule entitled "Submitting Form 338" adopted. F. Oct. 23, 1969; eff. Nov. 1, 1969, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Nov. 22, 1972; eff. Dec. 12, 1972.

Repealed: New Rule entitled "Identification; Exception" adopted. F. May 5, 1982; eff. May 25, 1982.

Repealed: F. June 11, 1984; eff. July 1, 1984.

Amended: New Rule entitled "Trade Practices - Inventory Rotations; New Brands; Displays and Bins" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.

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