- (a) As part of the recurring review for listed products, the division shall review the gross profit requirements and warn a liquor and wine representative or manufacturer of a pending delisting or change in distribution level when its product has not met the required minimum gross profit for its class and distribution level, but has met at least 85 percent of the required minimum gross profit.
(b) The warning specified in (a) shall contain:
- (1) The name of the product, the brand code, and the size;
- (2) The current gross profit and the required minimum gross profit for the product;
- (3) The date by which the required minimum gross profit shall be met, which shall be the end of 90 calendar days following issuance of the warning notice; and
- (4) A statement that the product shall be delisted or its distribution level changed if it has not attained the required minimum gross profit by the specified date.
- (c) Any product failing to attain the required minimum gross profit following the required warning and 90-day cure period shall be delisted or its distribution level shall be changed.
- (d) Any product failing to meet at least 85 percent of the required minimum gross profit during a recurring review shall be delisted without a prior warning.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24