61A-4.005. Brand Registration

(1) Each brand or label of spirituous beverages sold or offered for sale within the State of Florida or transported within the State of Florida must be registered with the Division and must have a brand registration number assigned to it by the Division. Requests for registration of brands shall be submitted on forms prescribed by the department for that purpose and in the manner prescribed by the Division.

(2) The manufacturer, distiller, rectifier, processor, blender, bottler, importer and distributor of each brand or label that is to be registered with the Division is responsible for its registration and for the payment of fees in connection with such registration; provided, however, nothing herein shall prevent a distributor or vender from disposing of a brand in the normal course of business if the brand’s registration has not been renewed subsequent to the purchase of the alcoholic beverage by the distributor or vendor.

(3) The registration of any brand or labels may be suspended or revoked in the same manner as a beverage license for any violation by the registrant or its agent of any of the beverage laws of the State of Florida or of any rules, regulations or administrative orders promulgated pursuant thereto. During the period of the suspension or revocation of the registration of any brand or brands or labels no distributor shall purchase, receive, bring into, or cause to be brought into the State of Florida any such brand or label. No brand under suspension or revocation may be re-registered by another registrant.

(4) The registration year for all brands or labels shall be from July 1 to June 30 inclusive of each year.

(5) Annual registration of brands shall be effected by additions to or deletions from the master list of the registrant for the previous year and by the payment of twenty ($20.00) dollars for each brand of label registered.

(6) Subsequent to the annual registration of brands or labels, any registrant desiring to register new brands or labels under which spirituous beverages are to be sold or offered for sale or transported within the State of Florida may register such brand or label on a registration form prescribed by the Division for that purpose and must make payment of twenty ($20.00) dollar registration fee for each such brand or label. The payment of the $20.00 registration fee shall be for the balance of the current registration year as set forth in subsection (4) above.

(7) Distributors or vendors are prohibited from possessing, dealing in, or exercising control over any spirituous beverages if the brand or label of such spirituous beverages has not been registered with the Division as provided by law. Any such spirituous beverages shall be seized by the Division and disposed of in a manner prescribed by law.

Rulemaking Authority 561.11, 563.04, 564.04, 565.08 FS. Law Implemented 563.04, 564.04, 565.08, 565.095 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.05, 7A-4.005.