N.Y. Comp. Codes R. & Regs. tit. 9 § 86.5

Current through Register Vol. 46, No. 53, December 31, 2024

Section 86.5 - Retailer advertising specialties

(a) A retailer advertising specialty is an item which bears advertising matter and is primarily valuable to the retailer as point of sale advertising, but which has some secondary value to the retailer in connection with the operation of the business. Examples of retailer advertising specialties include trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, thermometers, clocks, shirts, hats, visors and calendars. The manufacturer or wholesaler may add the name or address of the retailer to the retailer advertising specialty.

(b) The total value of all retailer advertising specialties furnished by a manufacturer or wholesaler to a retailer may not exceed $ 2 00 per brand, in any one calendar year per retail establishment. The value of a retailer advertising specialty is the actual cost of that item to the manufacturer or wholesaler who initially purchased it. Transportation and installation costs are excluded.

(c) Manufacturers and wholesalers may not pool or combine their dollar limitations in order to provide a retailer with retailer advertising specialties valued in excess of such dollar limitation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 86.5

Amended New York State Register June 3, 2015/Volume XXXVII, Issue 22, eff. 6/3/2015