Ohio Administrative Code 4301 — Liquor Control

Chapter 4301-1 General Provisions

Ohio Adm.Code 4301-1-01 Definitions.

(A) As used in this chapter and Chapters 4301-2, 4301-3, 4301-5, and 4301-9 of the Administrative Code, all words and phrases defined in Chapter 4301. or 4303. of the Revised Code shall have the same meaning as defined therein.

(B) For purposes of this chapter and Chapters 4301-2, 4301-3, 4301-5, and 4301-9 of the Administrative Code:

(1) The word "broker" means a company that solicits sales of alcoholic beverages on behalf of a manufacturer or supplier but does not take possession of the alcoholic beverages in Ohio except as provided for either in Chapter 4301. or 4303. of the Revised Code, or in rules promulgated thereunder.

(2) The word "solicitor" means an individual who solicits Ohio liquor permit holders or the division of liquor control for sales of alcoholic beverages on behalf of a manufacturer, supplier, wholesale distributor, or broker but does not take possession of the alcoholic beverages in Ohio, except as provided for either in Chapter 4301. or 4303. of the Revised Code, or in rules promulgated thereunder.

(3) The word "supplier" means a company that sells alcoholic beverages in Ohio for resale at wholesale. A supplier does not manufacture or take possession of the alcoholic beverages in Ohio except as provided for either in Chapter 4301. or 4303. of the Revised Code, or in rules promulgated thereunder.

Last updated May 23, 2023 at 1:43 PM

History

• Effective: June 1, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 4301-1-02 Expansion and diminution of permit premises.

(A) A permit holder who desires an expansion or diminution of its permit premises shall file its request with the division on a form made available by the division that includes a sketch indicating the proposed change. Any request for expansion or diminution must be submitted by the permit holder, a general partner of a partnership, a managing member of a limited liability company, a person owning or controlling five per cent or more of the outstanding shares of a corporation, a person owning or controlling five per cent or more of either the voting interests or membership interests in a limited liability company, or any officer of the permit holder, who is approved by and on file with the division.

(1) Notwithstanding the provisions of section 4303.27 of the Revised Code, temporary expansions or diminutions of permit premises shall not be approved.

(2) Notification of the police or legislative authority is not required for the division to process, approve, or deny an expansion or diminution request.

(B) An expansion of permit premises must include a premises contiguous to the original premises for which the permit was issued. The contiguous premises must be under the permit holder's control and ownership in fee, leasehold, or mortgage, and be located in an area where sales under the permit are not prohibited because of local option election, or operation of rule or law.

(C) Upon receipt of the request for such change, the division may make an inspection of the permit premises and of the area proposed to be expanded or diminished within twenty working days of receipt of the request. The division shall approve or deny the requested change within twenty working days of inspection or receipt of the request, whichever is later.

Last updated December 15, 2021 at 8:39 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4301-1-04 Citation review board.

The citation review board shall exist and be located within the division of liquor control of the department of commerce. The citation review board shall consist of the chief of the licensing section, the division legal counsel, one staff attorney designated by the division legal counsel, the chief of the beer and wine section, and the chief of investigative services, or their designates. The citation review board shall review citations that are deemed by the superintendent to be appropriate for further review. After discussion and a vote, the citation review board shall make recommendations to the superintendent regarding the disposition of citations. The division legal counsel shall chair the citation review board. At the request of the chair, the assistant attorney general who is the coordinator of the liquor unit of the office of the attorney general, or the unit coordinator's designate, shall attend meetings of the citation review board and provide legal advice. A journal shall be maintained in the superintendent's office of the citations considered by the citation review board, the recommendations made, and the record of dismissal or non-dismissal of each citation.

History

• Effective: June 13, 2016
• Promulgated Under: 119.03

Chapter 4301-2 Registering Solicitors

Ohio Adm.Code 4301-2-01 Registered solicitors.

(A) Registration of individuals soliciting permit holders.

(1) Any manufacturer, supplier, wholesale distributor, broker, or a trade marketing company, of beer, wine, or mixed beverages that are to be sold or made in the state of Ohio, who is licensed or otherwise authorized to do business in Ohio, may employ individuals to serve as agents, solicitors, trade marketing professionals, or salespersons to solicit Ohio liquor permit holders. Any individual acting as such an agent, solicitor, trade marketing professional, or salesperson shall be required to register with the division every two years upon the anniversary of the individual's date of registration. The individual shall submit a registration form provided by the division for that purpose. Registered solicitors shall, from time to time, furnish additional information as the division may desire. The registration form must be accompanied by a letter from the manufacturer, supplier, wholesale distributor, or broker of the product, or the trade marketing company stating that the individual desiring to be registered is authorized to represent the brand, and setting out the nature of the individual's duties in the state of Ohio.

(2) Upon receipt of the registration form, the division may, in its discretion, issue credentials authorizing the individual to act as a registered solicitor in accordance with Chapters 4301. and 4303. of the Revised Code, and rules adopted thereunder. If the division refuses to issue credentials, it shall notify the applicant, in writing and within thirty days not including Saturdays, Sundays, or holidays of receipt of the registration form as to the grounds for refusal. Refusal to issue credentials may be appealed to the liquor control commission pursuant to section 4301.28 of the Revised Code.

(3) A manufacturer, supplier, wholesale distributor, or broker of beer, wine, or mixed beverages, may provide samples of its beer, wine, and mixed beverage products, which are registered for sale in Ohio, directly to its registered solicitors for distribution in accordance with rule 4301:1-1-32 of the Administrative Code.

(4) Upon termination of employment of a registered solicitor, the employer shall notify the division in writing and within fifteen days of the termination. The registered solicitor must immediately return the credentials and any samples in the solicitor's possession to the employer, who shall forward the credentials to the division within fifteen days of the termination.

(5) Permit holders may inspect the registered solicitor's credentials before placing an order to purchase with them.

(6) Registered solicitors may only solicit orders on behalf of the employer identified on their credentials.

(B) Registration of individuals soliciting the division or permit holders.

(1) Any manufacturer, supplier, or broker of spirituous liquor, or a trade marketing company, who is licensed or otherwise authorized to do business in Ohio, who is doing or attempting to do business with the division or solicit Ohio liquor permit holders, may employ individuals to serve as agents, solicitors, trade marketing professionals, or salespersons. Any individual acting as such an agent, solicitor, trade marketing professional, or salesperson shall be registered by their employer every two years upon the anniversary of the individual's date of registration. The individual shall submit a registration form provided by the division for that purpose. Registered solicitors shall, from time to time, furnish additional information as the division may desire.

(2) Upon receipt of the registration form, the division may, in its discretion, issue credentials authorizing the individual to act as a registered solicitor in accordance with Chapters 4301. and 4303. of the Revised Code and rules adopted thereunder. If the division refuses to issue credentials, it shall notify the applicant, in writing and within thirty days not including Saturdays, Sundays, or holidays of receipt of the registration form as to the grounds for refusal. Refusal to issue credentials may be appealed to the liquor control commission pursuant to section 4301.28 of the Revised Code.

(3) Upon application and with the written consent of the division, samples of spirituous liquor may be delivered to a registered solicitor in care of the division under conditions imposed by the division. The division shall record receipt of samples. Only the registered solicitor named on the application and consented to by the division may withdraw samples. The registered solicitor shall acknowledge receipt of any sample.

(4) Upon termination of employment of a registered solicitor, the employer shall notify the division in writing and within fifteen days of the termination. The registered solicitor must immediately return the credentials to the employer, who shall forward the credentials to the division within fifteen days of the termination.

(5) Permit holders may inspect the registered solicitor's credentials before placing an order to purchase with them.

(6) Registered solicitors may only solicit orders on behalf of the employer identified on their credentials.

Last updated December 15, 2021 at 8:39 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Chapter 4301-3 Purchases by Retail Permit Holders

Ohio Adm.Code 4301-3-01 Purchases of spirituous liquor by permit holders.

(A) No permit holder authorized to sell spirituous liquor within the state shall either directly or indirectly, personally or through any agent, employee, or other person, purchase spirituous liquor for resale from other than a state liquor store or state liquor agency at wholesale, except pursuant to express written consent of the division.

(B) Retail permit holders may authorize agents to make purchases of spirituous liquor. Any person authorized to purchase spirituous liquor at wholesale at a state liquor store or state liquor agency may designate any individual of lawful age to act as their agent in making such purchase, provided that the agent shall have no connection with a manufacturer or registered solicitor of spirituous liquor. The agent shall have the authority to fill out and sign the prescribed form or purchase order for the spirituous liquor for and on behalf of the purchaser and receive the spirituous liquor specified in the form or purchase order. The agent shall be subject to the provisions of section 4301.69 of the Revised Code of Ohio.

(C) The division will sell spirituous liquor at wholesale to all permit holders authorized to sell spirituous liquor within the state pursuant to division (B)(4) of section 4301.10 of the Revised Code. Permit holders must purchase spirituous liquor from the division, or a person authorized to sell spirituous liquor to permit holders pursuant to express written consent of the division, and make payment by cash, certified check, check, money order, or electronic funds transfer (EFT), as that term is defined in paragraph (A) of rule 4301-9-01 or the Administrative Code.

(D) Wholesale and retail spirituous liquor prices.

(1) The base retail selling price per case of spirituous liquor shall be computed as follows: The division shall add to the manufacturer's or supplier's quoted total invoice cost per case, which is delivered to and available for purchase at a bailment warehouse, a trucking charge per case. The trucking charge per case is charged by the carrier under contract with the division to transport these goods to state liquor stores or state liquor agencies. The division will then increase that figure by a percentage factor that represents the division's total operating costs as a per cent of the division's gross liquor sales dollars. The division shall divide this resulting figure by 0.7 to represent a retail accounting method markup of 30.0 per cent. To the new resulting figure, the division shall add a sum based on bottle size and state liquor gallonage tax as required by section 4301.12 of the Revised Code. The division will increase the resulting figure by a 5.0 per cent surcharge to arrive at the base retail selling price per case.

(2) The base retail selling price per bottle of spirituous liquor shall be computed as follows: The division shall divide the base retail selling price per case by the number of bottles per case. The division will then round that figure upward to the next higher whole cent. The resulting figure will be the base retail selling price per bottle.

(3) The retail selling price of spirituous liquor shall be computed as follows: The division shall add state and local sales and excise taxes to the base retail selling price. The resulting figure will be the retail selling price.

(E) The division shall not purchase any spirituous liquor from any manufacturer, supplier, broker, or registered solicitor, or from any other person, firm, or corporation for sale or distribution through the state liquor stores or state liquor agencies unless the spirituous liquor is in conformity with the standards of ingredients and methods of manufacture, capacity, and form of packages as set forth by the rules, regulations, and laws of the state of Ohio and the United States. To further insure conformity with such standards as to ingredients, methods of manufacture, capacity, and form of packages, each manufacturer, supplier, broker, or registered solicitor, or any other person, firm, or corporation proposing to sell any such items to the division shall submit, without cost a federal certificate of label approval.

(1) To insure the continued quality of spirituous liquor in compliance with existing laws and regulations, the superintendent may, upon request and without cost to the division at any time it is deemed necessary or advisable, withdraw samples of spirituous liquor from existing inventories in state liquor stores, state liquor agencies, or warehouses for analysis.

(2) Manufacturers, suppliers, brokers, or registered solicitors of spirituous liquor shall notify the division and provide, without cost to the division, a new federal certificate of label approval whenever they change the formula of a product available for sale in Ohio.

(F) Inspection of shipment. All shipments of spirituous liquor consigned to the division shall be inspected by the division within thirty days after said shipments are delivered to the state liquor stores or state liquor agencies. The division shall notify the manufacturer, supplier, broker, or registered solicitor of breakage or shortage not later than sixty days after delivery of such merchandise to the state liquor store or state liquor agency.

(G) Disposition of spirituous liquor after revocation, refusal to renew, or cancellation of a permit. In the event a permit is revoked or canceled by the liquor control commission, or the division refuses to renew the permit, the former permit holder may sell unopened bottles or containers of spirituous liquor located on the premises to a permit holder who is authorized to purchase or sell spirituous liquor. Such sale must be made at the current wholesale price and with the prior written consent and approval of the superintendent.

(H) Delivery of spirituous liquor.

(1) The division or a state liquor agency may deliver spirituous liquor in original sealed containers to permit holders authorized to sell spirituous liquor.

(2) The division or a state liquor agency, with written consent of the division, may deliver spirituous liquor in original sealed containers to personal consumers in this state who have purchased the spirituous liquor from the division or that state liquor agency.

(I) In accordance with paragraph (B) of rule 4301-2-01 of the Administrative Code, individuals may register to receive credentials to solicit the division or permit holders. Persons issued such credentials may conduct tastings in accordance with rule 4301:1-1-30 of the Administrative Code or section 4301.171 of the Revised Code.

Last updated December 15, 2021 at 8:40 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4301-9-01

(A) For purposes of this rule, "Electronic Funds Transfer" or "EFT" means a transfer of funds initiated through an electronic device for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.

(B) In accordance with section 4301.24 of the Revised Code, which prohibits the purchase of beer, wine, or mixed beverages at wholesale on credit, purchases of beer, wine, or mixed beverages at wholesale may be paid for by cash, check, debit card, credit card, money order, or electronic funds transfer.

(C) Electronic funds transfers are permissible under the following conditions:

(1) Any agreement to engage in EFT for the payment of beer, wine, or mixed beverages between manufacturers, wholesale distributors, or retail permit holders must be voluntary and must be in writing. No manufacturer, wholesale distributor, or retail permit holder may refuse to do business with or otherwise limit business with another manufacturer, wholesale distributor, or retail permit holder for declining to engage in EFT as payment for beer, wine, or mixed beverages.

(2) In a transaction where EFT is to be the form of payment, such fact shall be noted on the invoice at the time of delivery, acknowledged in writing by the purchaser or their agent, and shall constitute an irrevocable promise to pay. All parties to EFT transactions will maintain records of the transactions for two years from the date of the transactions, and make the records available for inspection by the division, upon request.

(3) Initiation of the electronic transfer of funds must occur on or before the next available business day after the delivery of the product.

(4) Any EFT transaction that is not completed due to insufficient funds is subject to the provisions of paragraph (I) of rule 4301:1-1-43 of the Administrative Code.

(5) Each party engaging in EFT must pay their own costs associated with EFT.

(6) No manufacturer, wholesale distributor, or retail permit holder may require the party with whom they are engaging in EFT to use software or hardware that are specific to either party.

Last updated December 15, 2021 at 8:40 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4301-2-01

(A) Registration of individuals soliciting permit holders.

(1) Any manufacturer, supplier, wholesale distributor, broker, or a trade marketing company, of beer, wine, or mixed beverages that are to be sold or made in the state of Ohio, who is licensed or otherwise authorized to do business in Ohio, may employ individuals to serve as agents, solicitors, trade marketing professionals, or salespersons to solicit Ohio liquor permit holders. Any individual acting as such an agent, solicitor, trade marketing professional, or salesperson shall be required to register with the division every two years upon the anniversary of the individual's date of registration. The individual shall submit a registration form provided by the division for that purpose. Registered solicitors shall, from time to time, furnish additional information as the division may desire. The registration form must be accompanied by a letter from the manufacturer, supplier, wholesale distributor, or broker of the product, or the trade marketing company stating that the individual desiring to be registered is authorized to represent the brand, and setting out the nature of the individual's duties in the state of Ohio.

(2) Upon receipt of the registration form, the division may, in its discretion, issue credentials authorizing the individual to act as a registered solicitor in accordance with Chapters 4301. and 4303. of the Revised Code, and rules adopted thereunder. If the division refuses to issue credentials, it shall notify the applicant, in writing and within thirty days not including Saturdays, Sundays, or holidays of receipt of the registration form as to the grounds for refusal. Refusal to issue credentials may be appealed to the liquor control commission pursuant to section 4301.28 of the Revised Code.

(3) A manufacturer, supplier, wholesale distributor, or broker of beer, wine, or mixed beverages, may provide samples of its beer, wine, and mixed beverage products, which are registered for sale in Ohio, directly to its registered solicitors for distribution in accordance with rule 4301:1-1-32 of the Administrative Code.

(4) Upon termination of employment of a registered solicitor, the employer shall notify the division in writing and within fifteen days of the termination. The registered solicitor must immediately return the credentials and any samples in the solicitor's possession to the employer, who shall forward the credentials to the division within fifteen days of the termination.

(5) Permit holders may inspect the registered solicitor's credentials before placing an order to purchase with them.

(6) Registered solicitors may only solicit orders on behalf of the employer identified on their credentials.

(B) Registration of individuals soliciting the division or permit holders.

(1) Any manufacturer, supplier, or broker of spirituous liquor, or a trade marketing company, who is licensed or otherwise authorized to do business in Ohio, who is doing or attempting to do business with the division or solicit Ohio liquor permit holders, may employ individuals to serve as agents, solicitors, trade marketing professionals, or salespersons. Any individual acting as such an agent, solicitor, trade marketing professional, or salesperson shall be registered by their employer every two years upon the anniversary of the individual's date of registration. The individual shall submit a registration form provided by the division for that purpose. Registered solicitors shall, from time to time, furnish additional information as the division may desire.

(2) Upon receipt of the registration form, the division may, in its discretion, issue credentials authorizing the individual to act as a registered solicitor in accordance with Chapters 4301. and 4303. of the Revised Code and rules adopted thereunder. If the division refuses to issue credentials, it shall notify the applicant, in writing and within thirty days not including Saturdays, Sundays, or holidays of receipt of the registration form as to the grounds for refusal. Refusal to issue credentials may be appealed to the liquor control commission pursuant to section 4301.28 of the Revised Code.

(3) Upon application and with the written consent of the division, samples of spirituous liquor may be delivered to a registered solicitor in care of the division under conditions imposed by the division. The division shall record receipt of samples. Only the registered solicitor named on the application and consented to by the division may withdraw samples. The registered solicitor shall acknowledge receipt of any sample.

(4) Upon termination of employment of a registered solicitor, the employer shall notify the division in writing and within fifteen days of the termination. The registered solicitor must immediately return the credentials to the employer, who shall forward the credentials to the division within fifteen days of the termination.

(5) Permit holders may inspect the registered solicitor's credentials before placing an order to purchase with them.

(6) Registered solicitors may only solicit orders on behalf of the employer identified on their credentials.

Last updated December 15, 2021 at 8:39 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Chapter 4301-5 Identification and Labeling of Distilled Spirits and Mixed Beverages

Ohio Adm.Code 4301-5-01 State liquor stores and state liquor agencies.

(A) The division shall make the determination to open a new state liquor store or state liquor agency based upon, but not limited to, the following factors: new areas of growth in the state; a request to review an area of the state for a potential new state liquor store or state liquor agency submitted by a member of the public; the proximity of the proposed area to existing state liquor stores or state liquor agencies; the sales volume of existing state liquor stores or state liquor agencies; and the potential effect on other existing state liquor stores or state liquor agencies.

(B) When the division determines that it would be beneficial to open a state liquor agency in a particular area of the state, it will advertise in the newspaper with the greatest circulation for that area of the state for a minimum of three days for a daily newspaper, or one day in a weekly paper, for applicants interested in becoming a state liquor agent. The advertisement shall include the minimum requirements for: square footage in the sales and storage areas, lineal shelving requirements, and sales and computer equipment.

(C) The division shall evaluate state liquor agency applicants on a points system. Points will be awarded based upon the following conditions:

(1) Environmental conditions: location of the proposed state liquor agency in relation to the area's retail business district; overall appearance of the proposed state liquor agency exterior, including visible signage; handicapped accessible entrance and exit and compliance with the federal Americans with Disabilities Act of 1990, as amended; availability of off-street parking, condition of parking area, and ease of ingress and egress to the parking area; external lighting; overall condition of the interior of the proposed state liquor agency including but not limited to flooring, walls, cleanliness, and lighting; linear feet of shelving for the display of spirituous liquor; full service or self-service display; security of the retail sales area; square feet of storage for liquor inventory; security of the storage area; accommodation of delivery areas; and proposed service plan for wholesale customers.

(2) Business financial and historical information: date started and length of time engaged in this mercantile business; business credit rating; proposed partners, shareholders, or investors and the extent of their interest in the business; status with the Ohio secretary of state's office; previous mercantile business experience; business stability or financial position; financial statement and federal internal revenue service information; existing or proposed inventory; capital and other expenses to set up and operate the business; verification of sources of funds used to operate the business; proof of tenancy at the proposed state liquor agency location; and types and percentages of products sold.

(3) Personal history of interested parties: alcoholic beverage work experience including businesses owned holding division liquor permits or employment with liquor permit businesses; liquor law violations and citation history; existing or previously-held state liquor agency contracts; any criminal convictions; previous or pending bankruptcy, receivership, or other insolvency proceeding by or against the applicant; payment history of all federal, state, local, and business taxes; pending litigation involving the applicant; outstanding debts; and proof of liability insurance.

(D) The superintendent of the division shall determine which applicant shall be awarded the state liquor agency contract.

(E) For purposes of this rule, "mercantile business" means a business that sells goods or services.

Last updated December 15, 2021 at 8:40 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Chapter 4301-7 Public Notice of Hearings

Ohio Adm.Code 4301-7-01 Public notice of proposed rules.

(A) Whenever the division proposes to adopt, amend, or rescind any rule, the division will hold a public hearing. The hearing will be held in accordance with the requirements of section 119.03 of the Revised Code.

(B) Pursuant to sections 119.03 and 119.037 of the Revised Code, public notice of the rule hearing shall be published in the register of Ohio on the internet at http://www.registerofohio.state.oh.us.

(C) The superintendent of the division shall give additional notice of such public hearing as he or she deems necessary. The giving of such additional notice shall not be mandatory, and failure to give notice by any means other than as specified in paragraph (B) of this rule shall not in any way invalidate any action that may be taken by the superintendent.

Last updated May 23, 2023 at 1:44 PM

History

• Effective: October 31, 2003
• Promulgated Under: 119.03

Chapter 4301-9 Public Notice

Ohio Adm.Code 4301-9-01 Electronic funds transfers: requirement and prohibitions.

(A) For purposes of this rule, "Electronic Funds Transfer" or "EFT" means a transfer of funds initiated through an electronic device for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.

(B) In accordance with section 4301.24 of the Revised Code, which prohibits the purchase of beer, wine, or mixed beverages at wholesale on credit, purchases of beer, wine, or mixed beverages at wholesale may be paid for by cash, check, debit card, credit card, money order, or electronic funds transfer.

(C) Electronic funds transfers are permissible under the following conditions:

(1) Any agreement to engage in EFT for the payment of beer, wine, or mixed beverages between manufacturers, wholesale distributors, or retail permit holders must be voluntary and must be in writing. No manufacturer, wholesale distributor, or retail permit holder may refuse to do business with or otherwise limit business with another manufacturer, wholesale distributor, or retail permit holder for declining to engage in EFT as payment for beer, wine, or mixed beverages.

(2) In a transaction where EFT is to be the form of payment, such fact shall be noted on the invoice at the time of delivery, acknowledged in writing by the purchaser or their agent, and shall constitute an irrevocable promise to pay. All parties to EFT transactions will maintain records of the transactions for two years from the date of the transactions, and make the records available for inspection by the division, upon request.

(3) Initiation of the electronic transfer of funds must occur on or before the next available business day after the delivery of the product.

(4) Any EFT transaction that is not completed due to insufficient funds is subject to the provisions of paragraph (I) of rule 4301:1-1-43 of the Administrative Code.

(5) Each party engaging in EFT must pay their own costs associated with EFT.

(6) No manufacturer, wholesale distributor, or retail permit holder may require the party with whom they are engaging in EFT to use software or hardware that are specific to either party.

Last updated December 15, 2021 at 8:40 AM

History

• Effective: December 15, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4301-9-02 Electronic Data Interchange.

(A) For purposes of this rule, "Electronic Data Interchange" or "EDI" means a transfer of information initiated through an electronic device among persons engaged in the manufacture, distribution, and retail sale of alcoholic beverages.

(B) In accordance with section 4301.10(A)(9) of the Revised Code, which encourages the establishment of an electronic exchange of information, electronic data interchange or EDI is hereby permitted.

(C) Electronic data interchange is permissible under the following conditions:

(1) Any agreement to engage in EDI for the transfer of information between manufacturers, wholesale distributors, or retail permit holders must be voluntary and must be in writing. No manufacturer, wholesale distributor, or retail permit holder may refuse to do business with or otherwise limit business with another manufacturer, wholesale distributor, or retail permit holder for declining to engage in EDI.

(2) All parties to EDI transactions will maintain records of such transactions for two years from the date of the transactions, and make the records available for inspection by the division, upon request.

(3) Each party engaging in EDI must pay their own costs associated with EDI.

(4) No wholesale distributor or retail permit holder engaging in EDI may require the use of software or hardware that is specific to either party.

Last updated May 23, 2023 at 1:44 PM

History

• Effective: September 1, 2003
• Promulgated Under: 119.03