Effective 28 Aug 2013
311.197. Samples, furnishing and acceptance of, when. — 1. A wholesaler of malt liquor may furnish or give, and a retailer may accept, a sample of malt liquor as long as the retailer has not previously purchased the brand of malt liquor from that wholesaler if all of the following requirements are met:
(1) The sample shall not be more than seventy-two fluid ounces; except if a particular product is not available in a size of seventy-two fluid ounces or less, a wholesaler may furnish or give the next larger size to the retailer;
(2) The wholesaler shall keep a record of the name of the retailer and the quantity of each brand furnished or given to such retailer; and
(3) No samples of malt liquor provided shall be consumed or opened on the premises of the retailer except as provided by the retail license.
2. For purposes of this section, brands shall be differentiated by differences in the brand names of the products or the nature of the products, including products that differ in the designation of class, type, or kind. Differences in packaging, such as differences in the style, type, or size of the product container or the color or design of a label shall not be considered different brands.
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(L. 2013 S.B. 121)
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