1. (a) Request. A wholesaler, at any time, may request that a product be considered for sale under the program by sending to the director or the director's designee a sample of the product and a written request that includes:

   1. (1) a description of the product, including its composition;
   2. (2) location of the product's manufacturer;
   3. (3) wholesale unit price of the product;
   4. (4) suggested retail price of the product;
   5. (5) selling history and performance of the product if it has been previously marketed;
   6. (6) inventory production capabilities;
   7. (7) method of delivery; and
   8. (8) proof of ownership of the rights to market the product.
2. (b) Determination. The director or the director's designee will make the final determination on a request under subsection (a) of this section.
3. (c) Notification. The department will notify the wholesaler of the final determination. If the request is approved, the department will initiate a contract for the sale of the wholesaler's product.
4. (d) Samples. All samples submitted under this section become the property of the department unless the wholesaler specifies otherwise in the request and provides with the request a pre-paid return label and packaging or details for the wholesaler's personal pick-up of the sample.

Source Note:The provisions of this §23.66 adopted to be effective January 7, 2015, 40 TexReg 95.