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Chapter 325B
Section 325B.12
Topics
Recent History
- 1994 325B.12 Amended 1994 c 611 s 5
This is an historical version of this statute chapter. Also view the most recent published version.
325B.12 NO DISCRIMINATION.
Subdivision 1. Discrimination prohibited. No brewer shall discriminate among its
wholesalers in any business dealings including, but not limited to, the price of beer sold to the
wholesaler, unless the classification among its wholesalers is based upon reasonable grounds.
Nothing in this section shall be construed to prohibit the sale or offer of sale of beer at a volume
discount.
Subd. 2. Sales; rebates. No brewer may:
(1) sell or offer to sell any beer to any Minnesota wholesaler at a price lower than the actual
price offered to any other Minnesota wholesaler for the same product;
(2) utilize any method, including but not limited to, a sales promotion plan or program:
(i) that constitutes or results in a different offer being made to wholesalers for the same
product;
(ii) that relates in any way to the price being charged or to be charged by a wholesaler to a
retailer, including without limitation, any arrangement whereby the wholesale price is connected
with any reduction from or addition to the wholesaler's normal price to retail; or
(iii) that results in a fixed retail price predetermined by a brewer; or
(3) utilize any rebate plan or program in connection with the sale of beer to a Minnesota
wholesaler, unless:
(i) the brewer pays rebates to a wholesaler, pursuant to a rebate plan or program, within ten
days after the wholesaler provides the brewer with appropriate documentation as reasonably
required by the brewer;
(ii) the rebate plan or program guarantees that the brewer will make a rebate payment no later
than 45 days after the initiation of a rebate plan or program, provided that a wholesaler timely
submits appropriate documentation as reasonably required by a brewer; and
(iii) in the event of an audit, other examination, or claim by a brewer regarding the propriety
of rebate payments made to a wholesaler, a brewer shall only be permitted to examine a
wholesaler's records going back one year from the date of the audit, other examination, or claim
and shall only be permitted to seek reimbursement for rebate payments made to the wholesaler
during the one-year period.
History: 1977 c 328 s 12; 1994 c 611 s 5
Subdivision 1. Discrimination prohibited. No brewer shall discriminate among its
wholesalers in any business dealings including, but not limited to, the price of beer sold to the
wholesaler, unless the classification among its wholesalers is based upon reasonable grounds.
Nothing in this section shall be construed to prohibit the sale or offer of sale of beer at a volume
discount.
Subd. 2. Sales; rebates. No brewer may:
(1) sell or offer to sell any beer to any Minnesota wholesaler at a price lower than the actual
price offered to any other Minnesota wholesaler for the same product;
(2) utilize any method, including but not limited to, a sales promotion plan or program:
(i) that constitutes or results in a different offer being made to wholesalers for the same
product;
(ii) that relates in any way to the price being charged or to be charged by a wholesaler to a
retailer, including without limitation, any arrangement whereby the wholesale price is connected
with any reduction from or addition to the wholesaler's normal price to retail; or
(iii) that results in a fixed retail price predetermined by a brewer; or
(3) utilize any rebate plan or program in connection with the sale of beer to a Minnesota
wholesaler, unless:
(i) the brewer pays rebates to a wholesaler, pursuant to a rebate plan or program, within ten
days after the wholesaler provides the brewer with appropriate documentation as reasonably
required by the brewer;
(ii) the rebate plan or program guarantees that the brewer will make a rebate payment no later
than 45 days after the initiation of a rebate plan or program, provided that a wholesaler timely
submits appropriate documentation as reasonably required by a brewer; and
(iii) in the event of an audit, other examination, or claim by a brewer regarding the propriety
of rebate payments made to a wholesaler, a brewer shall only be permitted to examine a
wholesaler's records going back one year from the date of the audit, other examination, or claim
and shall only be permitted to seek reimbursement for rebate payments made to the wholesaler
during the one-year period.
History: 1977 c 328 s 12; 1994 c 611 s 5
Official Publication of the State of Minnesota
Revisor of Statutes