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: 21 563.061 Return 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.