Statutes, codes, and regulations
Delaware Administrative Code
Title 4 - Alcoholic Beverage ControlDepartment of Safety and Homeland SecurityOffice of the Alcoholic Beverage Control CommissionerTrade Practices for Suppliers, Wholesales, and Retailers
(Formerly Rule 29) Publication of Prices and Post-offs By Importers (a.k.a."Wholesalers")
Section 904-3.0 - Procedures for Providing Notice of Prices, Post-Offs, and Quantity Discounts

4 Del. Admin. Code § 904-3.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 904-3.0 - Procedures for Providing Notice of Prices, Post-Offs, and Quantity Discounts
3.1 Every wholesaler shall prepare a monthly price list of all alcoholic products they intend to offer for sale during the next month. This monthly price list shall include regular prices, as well as post-offs and quantity discounts, if offered. The monthly price list shall be printed in a publication designated by a majority of licensed Delaware Wholesalers not less than five (5) business days prior to the end of the preceding month.
3.2 A copy of the monthly price list shall also be filed with DATE (via hard copy and/or electronically) when submitted to the designated publication. The prices stated therein shall be the "presumptive price," subject to change, revision, substitution, or addition in accordance with the updated notification procedures set forth herein.
3.3 In the event of a change in the price from that set forth in the monthly price list, the wholesaler shall provide Updated Notification, to all licensed retailers, and to the Division (via hard copy and/or electronically (including e-mail)) Updated Notification shall be made by a wholesaler to all licensed retailers via a recorded message, accessible through a toll-free "800" number, which can be accessed by any licensed retailer 24 hours a day to obtain information regarding current pricing of items being offered by the wholesaler. The "800" number will be updated every Monday by 10:00 A.M.: provided however, notwithstanding anything in this regulation to the contrary, that any wholesaler may change prices at any time by mailing a pricing announcement to all retailers and the Division by U.S. mail. In the event of a conflict between the recorded message and the mailed notice, the lower price will control. In addition, the wholesaler shall advise the Division of prices offered in the "800" number at the time any change is made to the recorded message.
3.4 Upon Petition of an interested party, the Commissioner may approve an alternative procedure(s) for providing notice of prices, post-offs and quantity discounts where the petitioner demonstrates that (1) the alternative method is technologically feasible, (2) will provide sufficient notice of prices, post-offs and quantity discounts to Delaware retailers and to DATE, and (3) will not harm the public interest.

4 Del. Admin. Code § 904-3.0

19 DE Reg. 775 (02/01/16)