News:

Winn Dixie is seeking the DABT’s opinion as to the applicability of 561.42(1), 61A-1.010 and 61A-1.0107 as it applies to Winn Dixie. In particular, “whether section 561.42(1), Florida Statutes, and Rules 61A-1.010 and 61A-1.0107, Florida Administrative Code, prohibit a distributor of alcoholic beverages from reimbursing the actual costs [Winn Dixie] incurs to remove, ship, or dispose of the distributor’s recalled products, and whether petitioner is prohibited from receiving such reimbursement.” A copy of the Petition for Declaratory Statement may be obtained by contacting: Department of Business and Professional Regulation, Agency Clerk’s Office, 2601 Blair Stone Rd., Tallahassee, FL 32399, (850)717-1183, AGC.filing@myfloridalicense.com.  

Last month the New York State Liquor Authority (“NYSLA”) took under review the issue of “Bill and Hold” invoicing and storage between wholesalers and retailers. The practice of Bill and Hold is when a licensed wholesaler sells product to a licensed retailer without the product being delivered to the retailer’s premises at the time of sale and instead can be stored at the wholesaler’s licensed premise or warehouse on behalf of the retailer.   In order for a wholesaler and retailer to permissibly facilitate a Bill and Hold sale, it must follow the rules outlined under Advisory 2017-1. The advisory goes into detail to explain all the necessary requirements, which include but are not limited to:  All retailers must be offered the Bill and Hold method of sale and not just specific retailers by the choice of the wholesaler. The wholesaler is also under no requirement to offer a Bill and Hold sales option. The wholesaler is not required to offer all of its products for sale under Bill and Hold.  Sales must be invoiced as of the date the retailer places the order and such date shall be considered the date of delivery for determining the final payment date for sales made on credit.  All products purchased through this sale must be stored at the wholesaler’s licensed premises or permitted warehouse.  The wholesaler must charge a market rate for storage even if it’s just for a single day. Market rate is determined by calculating an average…