Florida Senate - 2020                                     SB 900
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-00973A-20                                           2020900__
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; creating s.
    3         563.061, F.S.; defining terms; prohibiting certain
    4         sales of malt beverages between a distributor and
    5         vendor; authorizing bona fide returns of malt
    6         beverages under certain conditions; providing
    7         applicability; authorizing distributors to accept
    8         returns of certain products under specified
    9         conditions; providing distributor requirements for
   10         such returns; providing requirements for exchanges of
   11         product; providing recordkeeping requirements;
   12         specifying that authorized returns are not gifts,
   13         loans, or other prohibited forms of financial aid or
   14         assistance; providing civil penalties; providing for
   15         rulemaking; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 563.061, Florida Statutes, is created to
   20  read:
   21         563.061Return of malt beverage products.—
   22         (1)DEFINITIONS.—As used in this section, the term:
   23         (a)“Damaged product” means a malt beverage product
   24  delivered to a vendor exhibiting product deterioration,
   25  defective seals, leaking, damaged labels, or missing or
   26  mutilated tamper-evident closures.
   27         (b)“Keg” means a reusable container used to store and
   28  dispense a malt beverage product in draft form on tap.
   29         (c)“Manufacturer’s code date” means a coded best-by date,
   30  expiration date, or other designated date or dating system
   31  established by a manufacturer to signify freshness that is
   32  printed on the malt beverage container or, in the case of a keg,
   33  marked on a cap, collar, tag, or label affixed directly to the
   34  keg.
   35         (d)“Out-of-code product” means a malt beverage product
   36  that has exceeded the manufacturer’s code date and, according to
   37  the manufacturer’s policies, must be removed and replaced with
   38  fresh product for purchase in the retail market.
   39         (e)“Undamaged product” means a malt beverage product that
   40  is not damaged or out of code.
   41         (2)CONSIGNMENT SALES PROHIBITED; AUTHORIZED RETURNS.—A
   42  distributor may not sell, offer for sale, or contract to sell
   43  malt beverages on consignment or any basis other than a bona
   44  fide sale. A vendor may not purchase, offer to purchase, or
   45  contract to purchase malt beverages on consignment or any basis
   46  other than a bona fide sale. Once a distributor sells malt
   47  beverages to a vendor, only bona fide returns are permitted for
   48  the ordinary and usual commercial reasons authorized in this
   49  section. This section does not permit return of product because
   50  it is overstocked or slow-moving or because it has limited or
   51  seasonal demand, including, but not limited to, product packaged
   52  in holiday decanters or distinctive bottles.
   53         (3)RETURNS OF UNDAMAGED PRODUCT.—
   54         (a)Except as provided in paragraph (b), undamaged product
   55  may be returned for exchange of product or credit.
   56         (b)A distributor may only accept a return of undamaged
   57  product if the return is requested within 7 days after the
   58  delivery date. However, a distributor may accept a return of
   59  undamaged product after such time in the following
   60  circumstances:
   61         1.If a vendor or its employees or agents are no longer
   62  permitted, due to a change in regulation or administrative
   63  procedure, to sell a particular brand or size product, such
   64  product may be returned for credit or refund.
   65         2.If a vendor terminates operations, the vendor’s
   66  inventory of product at the time of termination may be returned
   67  for credit or refund. This subparagraph does not apply during a
   68  vendor’s temporary seasonal shutdown.
   69         3.Except as provided in subparagraph 6., a product that
   70  has not yet exceeded the manufacturer’s code date may be
   71  returned for purposes of ensuring quality control or freshness;
   72  however, such product may only be returned for exchange of
   73  product.
   74         4.If a manufacturer has issued a product recall that
   75  affects multiple vendors that are not affiliated through having
   76  common ownership, being members of the same pool buying group,
   77  or being members of the same advertising cooperative, the
   78  recalled product may be returned for exchange of product or
   79  credit. If return of such product is requested more than 7 days
   80  after the delivery date, the distributor must keep documentation
   81  of the recall with the transaction record maintained pursuant to
   82  subsection (8).
   83         5.If production or importation of a product is
   84  discontinued, a vendor’s inventory of the discontinued product
   85  may be returned for credit or refund.
   86         6.If a vendor is only open for a portion of the year and
   87  has product remaining at closure which, with respect to quality
   88  control or freshness, would become unsuitable for sale during
   89  the off-season according to the manufacturer’s code date, such
   90  product may be returned for credit or refund.
   91  
   92  If undamaged product is returned under this paragraph, the
   93  distributor must keep documentation of a qualifying exception in
   94  subparagraphs 1.-6. with the transaction record maintained
   95  pursuant to subsection (8).
   96         (4)RETURNS OF DAMAGED PRODUCT.—
   97         (a)Damaged product may only be returned for exchange of
   98  product or credit. A distributor must verify damaged product
   99  before accepting its return.
  100         (b)Product damaged by a vendor, its employees or agents,
  101  or its customers may not be returned and shall be the vendor’s
  102  liability.
  103         (c)A distributor may only accept return of damaged product
  104  if requested within 7 days after the delivery date.
  105         (5)RETURNS OF OUT-OF-CODE PRODUCT.—
  106         (a)Out-of-code product may only be returned for exchange
  107  of product. A distributor must verify out-of-code product before
  108  accepting its return.
  109         (b)A distributor may accept return of out-of-code product
  110  any time after the manufacturer’s code date only in the
  111  following circumstances:
  112         1.The manufacturer has written policies and procedures
  113  that specify the date that out-of-code product should be
  114  removed.
  115         2.Such policies and procedures are readily available,
  116  verifiable, and consistently applied by the manufacturer.
  117         3.The manufacturer’s code date is printed on the product
  118  container or, in the case of a keg, marked on a cap, collar,
  119  tag, or label affixed directly to the keg.
  120         4.Out-of-code product removed by the distributor does not
  121  reenter the retail market.
  122         (6)EXCHANGES OF PRODUCT.—An exchange of product authorized
  123  under this section must be in exact quantities with a product of
  124  near or equal value, made by the same manufacturer, and in the
  125  same size container or keg unless a credit is authorized under
  126  this section to be issued at the time of the return.
  127         (7)DISTRIBUTOR REQUIREMENTS FOR RETURNS.—This section does
  128  not require a distributor to accept returns authorized under
  129  this section; however, if a distributor accepts return of
  130  product, the distributor must:
  131         (a)Provide the exchange of product, credit, or refund to
  132  the vendor, as provided in subsections (3), (4), and (5), at the
  133  same time the distributor picks up the product being returned.
  134         (b)For damaged or undamaged product, pick up the product
  135  being returned within 14 days after receipt of the vendor’s
  136  request.
  137         (8)TRANSACTION RECORDS.—A distributor must keep and
  138  maintain for 3 years a transaction record of each return
  139  identifying the vendor’s business name, address, and license
  140  number; the product returned for exchange of product, credit, or
  141  refund; and any other documentation required by this section.
  142  The distributor must provide a copy of the transaction record to
  143  the vendor in a format accessible and readable by the vendor.
  144  Such transaction records must be maintained on the distributor’s
  145  licensed premises, or may be kept at another location in this
  146  state if the distributor notifies the division in writing before
  147  keeping records in another location, and must be made available
  148  to the division upon request for inspection in a format
  149  accessible and readable by the division. The distributor must
  150  notify the division in writing of any change in recordkeeping
  151  location.
  152         (9)RETURNS NOT TIED HOUSE EVIL.—Bona fide returns
  153  authorized under this section for exchange of product, credit,
  154  or refund are not considered gifts, loans, or other forms of
  155  financial aid or assistance prohibited by s. 561.42.
  156         (10)CIVIL PENALTY.—In accordance with s. 561.29, the
  157  division may impose a civil penalty against a distributor or
  158  vendor for any violation of this section, or any rule adopted
  159  under this section, not to exceed $1,000 per violation.
  160         (11)RULEMAKING AUTHORITY.—The division may adopt rules to
  161  administer and enforce this section.
  162         Section 2. This act shall take effect July 1, 2020.