(a) In addition to meeting all other requirements of part Liq 302 and part Liq 303, any requests that the commission list a changed size of a product that is already listed shall include information:
- (1) Describing the reasons justifying or explaining the change in size, and the liquor and wine representative or manufacturer’s plan for depletion of inventory in the currently-listed size;
- (2) Demonstrating that the currently-listed product has obtained a gross profit that equals or exceeds 1.5 times the 12-month required minimum gross profit for the relevant class of spirits for the current consecutive 12-month period at the time of the request; and
- (3) Confirming that the new size is replacing a currently-listed size and no similar replacement size container is available.
- (b) Any product with a changed size shall be required to meet the test market performance criteria in these rules following the commission’s approval of the change in size.
- (c) For any remaining inventory in state liquor stores or the warehouses of the currently-listed size of the product, the liquor and wine representative or manufacturer shall maintain any depletion allowance on that item through the sale of the remaining inventory as required by Liq 302.08.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24