N.J. Admin. Code § 13:2-39.1

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:2-39.1 - Reasons authorizing return of alcoholic beverages; inclusion in marketing manual; other required records

(a) No manufacturer, brewer, winery, distiller, rectifier and blender, wholesaler or distributor privileged to sell to retailers shall accept a return of any alcoholic beverages from a retail licensee for cash, credit or exchange, nor shall any retail licensee accept any cash, credit or exchange, except for one of the following reasons:

1. Defective product and breakage which occurred prior to or simultaneously with delivery of such products to the retailer;

2. Bona fide error in product delivered;

3. Product which may no longer be lawfully sold;

4. Product on hand when retail licensee terminates business (subject to applicable rights of other persons protected by State or Federal laws);

5. Change in product or labeling of product;

6. Discontinued product;

7. Product likely to spoil from retailers who are only open for a portion of the year;

8. Rotation of malt alcoholic beverage product consistent with the policy established by the brewer; or

9. Such other good cause as may be approved by the Director.

(b) A manufacturer, brewer, winery, distiller, blender and rectifier, wholesaler or distributor privileged to sell to retailers is not required to accept returns from a retail licensee for any of the reasons enumerated in (a) above; but should such licensee do so, the return policy shall be clearly identified in its "Marketing Manual" and shall be nondiscriminatorily applied to all similarly situated retail licenses.

(c) Every return of an alcoholic beverage by a retail licensee shall be accompanied by a return document truly dated and signed by a duly authorized representative of both the wholesale and retail licensee, and contain a detailed description of all product returned, the specific reason for the return, the original date of delivery and invoice number of the original purchase, the date of pick-up or return, the name of the person requesting the return, and the terms of return, that is, cash, credit or exchange. A copy of the return document shall be left with the retail licensee.

(d) The return document shall be retained for a period of one year on the licensed premises, unless the Director shall have granted to the licensee written permission to keep such documents at another designated place. Licensees shall make the return documents available for inspection by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq.

N.J. Admin. Code § 13:2-39.1

Repeal and New Rule, R.1990 d.412, effective 8/20/1990.
See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c).
Section was "Credit terms; disclosure on documents". The following annotations pertained to that section:
Amended by R.1975 d.238, effective 9/2/1975.
See: 7 New Jersey Register 336(a), 7 New Jersey Register 436(c).
Amended by R.1979 d.138, effective 5/1/1979.
See: 11 New Jersey Register 143(a), 11 New Jersey Register 257(c).
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 New Jersey Register 2051(a), 27 New Jersey Register 3177(a).
Stylistic changes.