Section 105.1 - Promotional Allowances(a) Depletion allowances, or any agreement or promotion involving depletion allowances, are expressly prohibited. For purposes of this paragraph, a "depletion allowance" is the practice, or any agreement, written or oral, explicit or implicit, by which a seller of beer credits, pays, or reimburses, directly or indirectly, by any means whatsoever, a portion of the price paid by the customer based upon the quantity of beer the customer subsequently sells.(b) A manufacturer or importer may offer to wholesalers a price promotion program, and a wholesaler may participate in a price promotion program, only pursuant to the limitations and requirements in California Code of Regulations, title 4, section 105.2. Participation by a wholesaler in any price promotion program is solely at its discretion, and it retains the independent discretion to set its own prices to retailers when participating in a price promotion program.Cal. Code Regs. Tit. 4, § 105.1
Note: Authority cited: Sections 25006 and 25750, Business and Professions Code; Section 22, Article XX of the California Constitution. Reference: Sections 25000, 25001, 25002, 25003 and 25004, Business and Professions Code.
1. New section filed 10-17-2023; operative 10/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 42).