The purpose and effect of the proposed rule is to clarify how manufacturers and distributors may provide product displays to vendors.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

RULE NO: RULE TITLE
61A-1.0101: Product Displays
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify how manufacturers and distributors may provide product displays to vendors.
SUMMARY: This rule is part of a large set being promulgated to implement statutory provisions relating to approved advertising and promotional gifts, including coupons, as they pertain to the sales of alcoholic beverages.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 561.11, 561.42 FS.
LAW IMPLEMENTED: 561.08, 561.42 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, February 13, 2008, 9:00 a.m. – 5:00 p.m. or until completion of business, whichever is earlier, at which time the record will close
PLACE: Professions Boardroom, Northwood Centre, 1940 N. Monroe Street, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: DeeAnna Owens, Administrative Assistant, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa Livezey Comingore, Assistant General Counsel, Department of Business and Professional Regulation, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-1.0101 Product Displays.

(1) Manufacturers and distributors may give or sell product displays to vendors, for use in the interior of a vendor’s licensed premises, to include wine racks, bins, barrels, casks, and shelving used exclusively to hold and display factory sealed products of the provider for sale to customers at room temperature or cold.  Manufacturers or distributors may require a minimum purchase to provide vendors with a display.

(2) Manufacturers and distributors may transport, install, and disassemble their own product displays on a vendor’s premises.

(3) The value of the product display, excluding transportation, installation, and disassembly costs, shall not exceed $300 per brand at any one time on any one vendor’s premises. Manufacturers and distributors shall not pool or combine dollar limitations in order to provide a vendor a product display valued in excess of $300 per brand.

(4) The product display shall bear conspicuous, permanently inscribed or securely affixed product information.  The vendor’s name, business name and address may be part of the product display.

(5) Payments of slotting fees shall not be made to vendors.  A slotting fee is defined as any form of assistance given by a manufacturer or distributor to a vendor to purchase or rent additional, particular, favorable, or dedicated display, shelf, cooler, storage or warehouse space.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Cynthia Hill, Director, Division of Alcoholic Beverages and Tobacco.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ralf Michels, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2007