HB 0949

1
A bill to be entitled
2An act relating to consumer malt beverage tasting events;
3creating s. 563.09, F.S.; specifying certain operating
4requirements and limitations on consumer malt beverage
5tasting events; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Section 563.09, Florida Statutes, is created to
10read:
11     563.09  Consumer malt beverage tasting events; operating
12requirements and limitations.--
13     (1)  All participants in any consumer malt beverage tasting
14event must be of legal drinking age. This section applies to all
15malt beverages containing alcohol of less than 6 percent by
16volume.
17     (2)  The size of each tasting sample must not exceed 3
18ounces for each malt beverage. No more than four different
19brands may be served at any one tasting event.
20     (3)  All tasting events must be conducted during times when
21it is legal to sell alcohol on the licensed vendor?s premises.
22No tasting event shall exceed a period of 3 continuous hours.
23     (4)  Any off-premises vendor who conducts tasting events or
24who allows manufacturers to conduct tasting events on its retail
25premises must identify a specific tasting area or areas.
26Customers must remain in designated tasting areas until they
27have finished consuming the sample.
28     (5)  A manufacturer may not conduct or pay for more than
29one tasting event at any one vendor?s location per month,
30including any tasting that is conducted by a third-party agency
31on behalf of the manufacturer. A vendor, at its own cost, may
32conduct unlimited tasting events.
33     (6)  A manufacturer or vendor may use its own employees to
34conduct tasting events or hire third-party agency personnel to
35serve on its behalf. The manufacturer may not compensate any
36employee or agent of the vendor or any distributor for
37participating in the tasting event.
38     (7)  A manufacturer facilitating the tasting event must
39keep a record of each event the manufacturer conducts or pays a
40third party to conduct on its behalf. The record shall include
41the date and time of each event, the products served, and the
42names of any servers.
43     (8)  All malt beverages shall be dispensed from their
44original containers, prepared by the manufacturer, with labels
45that are visible to the consumer. The manufacturer or any third-
46party agency representing the manufacturer has the right to
47conduct tasting events only for products that they own.
48Manufacturers and third-party agencies may not facilitate the
49tasting of products that they do not own for the purpose of
50comparison.
51     (9)  Any product to be sampled must:
52     (a)  Not exceed 864 ounces or 3 cases, whichever is less,
53of any one product sampled at any given tasting, regardless of
54which vendor is conducting the tasting.
55     (b)  Be purchased by the manufacturer, or third-party
56agency representing the manufacturer, from the vendor where the
57tasting is to be conducted. The vendor must sell the
58manufacturer or third-party agency conducting the tasting all
59the products to be sampled for the same cost that the vendor
60paid for the products.
61     (c)  Upon the end of each tasting, be removed from the
62vendor's premises by the manufacturer or third-party agency who
63purchased the product for the tasting.
64     (10)  A manufacturer shall not reimburse a vendor for
65sample products used during a vendor-conducted tasting event.
66     (11)  A vendor may advertise the tasting event inside the
67licensed premises or use any other method of communication that
68is currently legal to advertise alcoholic beverages on or off
69the premises, including, but not limited to, direct mailers,
70flyers, or television or radio spots that the vendor pays 100
71percent of the cost to circulate or air. A manufacturer or
72distributor, or a third-party agency of the manufacturer or
73distributor, may not pay for the advertising or participate in
74the circulation or broadcast of information regarding a vendor?s
75tasting event.
76     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.