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Florida Administrative Code (Last Updated: June 27, 2024) |
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61. Department of Business and Professional Regulation |
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61A. Division of Alcoholic Beverages and Tobacco |
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61A-1. Definitions |
1(1) Vendors who make a request for return of damaged products within fifteen days after delivery may receive exchange of product, cash, or a credit against outstanding indebtedness. Products are damaged if they exhibit product deterioration, leaking containers, damaged labels or missing or mutilated tamper evident closures. Damaged products shall be verified by the distributor’s representative prior to issuing a credit or exchange. Damaged products shall be exchanged in exact quantities with products of near or equal value made by the same manufacturer and in the same size containers unless a credit or cash is issued at the time of the return with supporting documentation. Products damaged by vendors or vendors’ customers shall not be returned to the distributor for cash, credit or exchange and will be the vendor’s liability.
131(2) Distributors shall make and keep a transaction record of all exchanges detailing the date, the licensed vendor, business name and address, the vendor’s license number, and the product exchanged for products, cash, or credit.
166(3) No return of the product shall be permitted if the vendor’s request is made more than fifteen days after the delivery date, except in the following circumstances:
194(a) Recall. When a manufacturer has issued a product recall that affects multiple unaffiliated vendors, as defined in Rule 21361A-1.01015, 214F.A.C., the recalled product may be returned for exchange, cash, or credit as provided in subsection (1) of this rule.
234(b) Product Deterioration. When a product has deteriorated due to manufacturing or packaging problems, the product may be returned for exchange, cash, or credit as provided in subsection (1) of this rule. No product may be returned due to deterioration that could have occurred because of vendor conduct; because of any event that occurred on the vendor’s premises; or because of any event that occurred after the product was transferred to the vendor.
307(4) If product is returned in excess of fifteen days after receipt using the exception listed in paragraph (3)(a) of this rule, documentation of the recall must be maintained with the record made by the distributor pursuant to subsection (1) of this rule. If product is returned in excess of fifteen days after receipt using the exception listed in paragraph (3)(b) of this rule, the product must be inspected and verified by the distributor and the division prior to the return. Documentation of the verification must be added to the record made by the distributor pursuant to subsection (1) of this rule. All records must be made available to the division upon request.
420Rulemaking Authority 422561.11, 423561.42 FS. 425Law Implemented 427561.08, 428561.42 FS. 430History–New 9-15-10.
