South Carolina § 61-4-942 Distribution agreements; prohibited acts.

South Carolina Statutes

§ 61-4-942 — Distribution agreements; prohibited acts.

South Carolina·Title 61 ALCOHOL AND ALCOHOLIC BEVERAGES·Ch. 4 BEER, ALE, PORTER, AND WINE

Notwithstanding any existing beer distribution agreement to the contrary, a manufacturer, brewer, or importer of beer shall not:

(1)coerce or require a wholesaler to gather or submit sales records, retail placement, price, discount, rebate, or other details for beer brands not manufactured, brewed, or imported by the manufacturer, brewer, or importer;

(2)mandate wholesaler employee hiring decisions or payment rates, including incentives;

(3)require a wholesaler to pay or contribute marketing, advertising, or other funds for control or expenditure by the manufacturer, brewer, or importer, except a wholesaler may agree, in writing and in advance of the payment or contribution, to spend or contribute wholesaler funds for a specified marketing or advertising plan or opportunity;

(4)ship, i

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Notwithstanding any existing beer distribution agreement to the contrary, a manufacturer, brewer, or importer of beer shall not: (1) coerce or require a wholesaler to gather or submit sales records, retail placement, price, discount, rebate, or other details for beer brands not manufactured, brewed, or imported by the manufacturer, brewer, or importer; (2) mandate wholesaler employee hiring decisions or payment rates, including incentives; (3) require a wholesaler to pay or contribute marketing, advertising, or other funds for control or expenditure by the manufacturer, brewer, or importer, except a wholesaler may agree, in writing and in advance of the payment or contribution, to spend or contribute wholesaler funds for a specified marketing or advertising plan or opportunity; (4) ship, invoice, or initiate an electronic funds transfer payment for any quantity of beer exceeding any order or forecast submitted by a wholesaler, or include in a beer sales invoice charges for any items other than beer, freight, fuel, cooperage, dunnage, pallets, and related deposits; (5) invoice or initiate electronic funds transfer payment for point-of-sale advertising specialties or other items, except a manufacturer, brewer, or importer may place an order and invoice or initiate an electronic funds transfer payment for point-of-sale advertising specialties or other items pursuant to a specific written agreement between the wholesaler and the manufacturer, brewer, or importer made prior to the placement of an order; (6) attribute risk of loss, ownership or other financial interest to a wholesaler for beer not in the wholesaler's possession; or (7) require a wholesaler to pay for development, installation, or use of any software owned or mandated by the manufacturer, brewer, or importer, except a wholesaler may be required to maintain data in a format compatible with data format standards adopted by a manufacturer, brewer, or importer.

South Carolina § 61-4-942 (Distribution agreements; prohibited acts.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.