Ala. Admin. Code r. 20-X-8-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 20-X-8-.01 - Manufacturer And Importer Requirements

(1) Each licensed manufacturer or importer of beer, malt-based beverages, or table wine shall file, with the ABC Board, a consolidated report prior to the twentieth day of each month on a form supplied or approved by the ABC Board. This report may include not only printed reports, but also reports presented on electronic media in such format as approved by the Board. This report shall include:

(a) All beer, malt-based beverages, or table wine shipped into Alabama, giving the number of cases, number of containers per case, size of container, invoice number, date of shipment and to whom sold.

(b) A copy of each sales invoice of beer, malt-based beverages or wine shipped into the State.

(2) Each licensed manufacturer or importer of beer, malt- based beverages, wine or spirits shall, upon request of ABC Board personnel, voluntarily provide at no cost, alcoholic products in the original container for testing by an ABC Board approved laboratory.

(3) Small farm wineries are wine manufacturer licensees that produce fewer than fifty thousand (50,000) gallons of table wine per year, and meet one of the following criteria:

(a) Produce at least 50 percent of its total production of table wine from fruit that is grown in Alabama, or

(b) Produce all of its total production of table wine within Alabama and owns not less than eight (8) acres of vineyards in Alabama. For the purpose of this regulation, the term "vineyards" means land used exclusively for farming fruit or produce, not including any building, home, or building used for storage.

(4) A small farm winery may sell its wines produced on its licensed premises directly from its licensed premises at retail to consumers physically present at the licensed premises.

(5) Employees of small farm wineries must transport wine using a vehicle owned or leased by the winery with signage bearing the name of the winery. Personal use vehicles or independent contractors shall not be used in the transportation of wine to retailers.

(6) Small farm wineries shall not:

(a) Directly or indirectly induce a retailer to purchase wine from the winery

(b) Directly or indirectly require a retailer "by agreement or otherwise" to purchase wine from the winery

(c) Offer or give any bonus, premium, or compensation to employees, officers, agents, representatives, or anyone acting (directly or indirectly) on behalf or to the benefit of the retailer to induce a retailer to purchase wine from the winery

(d) Repurchase, pick up, or trade out any wine other than out-of-date or close to out-of-date wine once it is sold and delivered to the retailer. Recipient retailers shall not request the small farm winery to repurchase, pick up, or trade out any wine. This prohibition is not intended to prevent the pickup or return of goods damaged prior to or during delivery by the small farm winery.

(7) Small farm wineries must adhere to Rule 20-X-8-.14 and Rule 20-X-9-.04.

Ala. Admin. Code r. 20-X-8-.01

Repealed and New: Filed August 21, 1998; effective October 16, 1998.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: ABC Board

Statutory Authority:Code of Ala. 1975, §§ 28-3-49; 28-3A-6(d); 28-3A-7(d).