Current through Public Act 122 of the 2024 Legislative Session
Section 436.1609g - Sale of nonalcoholic products to retailer; applicability of act(1) If a wholesaler sells nonalcoholic products to a retailer, this act does not apply to the sale, marketing, merchandising, or distribution of the nonalcoholic products except the following: (a) The wholesaler shall comply with section 609.(b) The wholesaler shall not do either of the following: (i) Provide free nonalcoholic products to a retailer.(ii) Provide credit to a retailer.(2) If a wholesaler separately owns or has a direct or indirect financial interest in a company that sells nonalcoholic products, this act does not apply to the company that sells nonalcoholic products if all of the following conditions are met: (a) The company that sells nonalcoholic products is not a wholesaler.(b) The company that sells nonalcoholic products and the wholesaler have separate sales and delivery employees.(c) The company that sells nonalcoholic products and the wholesaler use separate delivery vehicles.(d) The company that sells nonalcoholic products and the wholesaler keep separate finances.(e) The company that sells nonalcoholic products does not engage in an activity on behalf of the wholesaler that would violate section 609.(3) If a wholesaler separately owns or has a direct or indirect financial interest in a company that sells nonalcoholic products, the wholesaler and the company that sells nonalcoholic products may do all of the following:(a) Share human resources departments. (b) Have a joint payroll.(c) Lease warehouse space to each other.(d) Have joint vehicle maintenance.(e) Jointly recycle beverage containers.(f) Share warehouse employees and equipment.Added by 2022, Act 225,s 2, eff. 10/14/2022.