N.J. Admin. Code § 13:2-33.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:2-33.1 - Brand registration schedule

(a) No licensee shall knowingly sell, offer for sale, deliver, receive or purchase, for resale in New Jersey, any alcoholic beverage (including private label brands owned by a retailer or exclusive brands owned by a manufacturer or wholesaler and sold by such manufacturer or wholesaler exclusively to one New Jersey retailer or group of affiliated retailers) unless there is first filed with the Director of the Division of Alcoholic Beverage Control a schedule, for each separate alcoholic beverage product, listing the following:

1. The full and correct brand or trade name;

2. Its nature and type;

3. Its age or vintage and proof or percentage of alcoholic content when stated on the label;

4. The sizes of standard packaging and the standard number of unit containers per standard case;

5. The date of label approval granted by the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB), together with a copy of the appropriate TTB form;

6. The names and license numbers of each New Jersey Class B licensee designated by the filer to be an authorized distributor of the product at wholesale;

7. The full name, address, telephone number, taxpayer identification number and New Jersey license number (if any) of the filer; and

8. An indication whether the schedule is an original filing or an amendment to any existing one.

(b) The brand registration schedule shall be filed by:

1. The manufacturer, importer or wholesaler who owns the brand or trade name and label; or

2. An importer or a wholesaler selling such brand who is appointed as authorized agent by the brand owner for the purpose of filing the brand registration schedule; or

3. In the case of private label brands, by the manufacturer or wholesaler supplying such private label brand to the retailer or by any wholesaler having authority, in writing, from the retailer or affiliated retailers owning such private label brand, except where the alcoholic beverages are imported by the retailer under a special permit issued by the director, in which case the retailer shall file the schedule and the labels.

(c) Whenever any change occurs, including but not limited to the addition or deletion of an authorized wholesaler, the filer of the brand registration schedule shall file an amended brand registration schedule within 10 days after the occurrence of such change.

N.J. Admin. Code § 13:2-33.1

Amended by R.1974 d.349, effective 12/19/1974.
See: 6 N.J.R. 437(c), 7 N.J.R. 13(b).
Amended by R.1985 d.279, effective 6/3/1985.
See: 17 N.J.R. 794(a), 17 N.J.R. 1423(a).
Substantially amended.
Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
In (a), clarified text.
Amended by R.2006 d.67, effective 2/21/2006.
See: 37 N.J.R. 3221(a), 38 N.J.R. 1193(a).
Rewrote (a)5.