Iowa Admin. Code r. 185-16.2

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 185-16.2 - Product displays

(1) Except as otherwise provided in this rule, an industry member is prohibited, directly or indirectly, from inducing a retailer to purchase any products from the industry member to the exclusion, in whole or in part, of products sold or offered for sale by other industry members by any of the following means:

a. Renting, leasing, or buying display space from a retailer.

b. Paying a retailer to set up a display.

c. Giving a special price on the products featured in the display or other products sold by the industry member.

d. Providing free merchandise to a retailer in return for a display.

(2) An industry member may give, furnish, sell, rent or loan product displays such as wine racks, bins, barrels, casks and portable, disposable shelving from which alcoholic beverages are displayed and sold, provided that the product display bears conspicuous and substantial advertising matter on the product or the industry member which is permanently inscribed or securely affixed. The name and address of the retailer may appear on the product display. A product display is prohibited if it has secondary value to the retailer, for other than advertising purposes. An industry member is prohibited from requiring a retailer to purchase a specific quantity of alcoholic liquor, wine or beer in order to receive a product display.

(3) The total value of all product displays may not exceed $300 per brand at any one time in any one retail establishment. The value of the product display is the industry member's original cost of the item.

(4) Industry members may not pool or combine their dollar limitations in order to provide a retailer with a product display which exceeds $300. Industry members are prohibited from pooling or combining several brands to provide a retailer with a product display which exceeds $300.

(5) An industry member shall keep and maintain records in accordance with rule 185-16.18 (123).

This rule is intended to implement Iowa Code section 123.186.

Iowa Admin. Code r. 185-16.2

Amended by IAB May 13, 2015/Volume XXXVII, Number 23, effective 6/17/2015

Amended by IAB May 31, 2023/Volume XLV, Number 24, effective 7/5/2023