- (a) The commission shall determine and approve the required minimum gross profit to be met for each class and price segment of products for purposes of determining the appropriate distribution level for spirits and nonalcoholic products.
- (b) Liquor and wine representatives, manufacturers, and any others retained to support the product shall be responsible for advertising the product during the test market to produce the required minimum gross profit, including through point of sale materials.
- (c) Liquor and wine representatives, manufacturers, and any others retained to support the product shall be prohibited from purchasing any products for purposes of meeting the required minimum gross profit. If the commission finds that a liquor and wine representative, manufacturer, or other entity retained to support the product has purchased products for the purpose of assuring achievement of the required minimum gross profit, the commission shall terminate the participation of such product in any test market and shall delist the product.
- (d) Products meeting the required minimum gross profit for their class during the test market shall be eligible for full distribution.
- (e) Should a product fail to meet the required minimum gross profit for its class during the test market, it shall not be eligible for full distribution, but shall be eligible for limited distribution or specialty distribution if the commission determines that the product has met the required minimum gross profit for the price segment relevant to that product.
- (f) Products failing to meet the requirement for full distribution, and failing to qualify for limited or specialty distribution, during the test market shall be delisted and shall not be approved for additional test marketing in any size for a period of at least one year from the date the product was determined to have failed and any remaining inventory owned by the commission has been depleted.
- (g) All products that have been listed for at least 12 months following the end of the test market, excluding those offered on a limited-supply basis, such as seasonal listings, shall be subject to a recurring review to assure they continue to meet the required minimum gross profit applicable to their classes and price segments.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24