11.31 General Exchanges and Returns for Ordinary and Usual Commercial Reasons 11.32 Defective products 11.33 Error in products delivered 11.34 Products which may no longer be lawfully sold 11.35 Termination of business 11.36 Termination of franchise 11.37 Change in product 11.38 Discontinued products 11.39 Seasonal dealers Exchanges and Returns for Reasons Not Considered Ordinary and Usual 11.45 Overstocked and slow-moving products 11.46 Seasonal products §11.31 General (a) Section 5(d) of the Act provides, in part, that it is unlawful to sell, offer to sell, or contract to sell products with the privilege of return for any reason, other than those considered to be “ordinary and usual commercial reasons” arising after the product has been sold. Sections 11.32 through 11.39 specify[…]

11.21 General 11.22 Consignment sales 11.23 Sales conditioned on the acquisition of other products 11.24 Other than a bona fide sale §11.21 General It is unlawful for an industry member to sell, offer for sale, or contract to sell to any trade buyer, or for any such trade buyer to purchase, offer to purchase, or contract to purchase any products (a) on consignment; or (b) under conditional sale; or (c) with the privilege of return; or (d) on any basis other than a bona fide sale; or (e) if any part of the sale involves, directly or indirectly, the acquisition by such person of other products from the trade buyer or the agreement to acquire other products from the trade[…]

§11.11 Meaning of terms As used in this part, unless the context otherwise requires, terms have the meaning given in this section. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the meaning assigned to it by the Act. Act – The Federal Alcohol Administration Act. Administrator – The Administrator of the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury, Washington, D.C. Appropriate TTB officer – An officer or employee of the Alcohol and Tobacco Tax and Trade Bureau (TTB) authorized to perform any functions relating to the administration or enforcement of this part by TTB Order 1135.11, Delegation of the Administrator’s Authorities in 27 CFR Part 11, Consignment[…]

11.1 General 11.2 Territorial extent 11.3 Application 11.4 Jurisdictional limits 11.5 Delegations of the Director 11.6 Administrative provisions §11.1 General The regulations in this part, issued pursuant to section 105 of the Federal Alcohol Administration Act (27 U.S.C. 205), specify sales arrangements which are consignment sales under section 105(d) of the Act and contain guidelines concerning return of distilled spirits, wine, and malt beverages from a trade buyer. This part does not attempt to enumerate all of the practices prohibited by section 105(d) of the Act. Nothing in this part shall operate to exempt any person from the requirements of any State law or regulation. [T.D. ATF-364, 60 FR 20427, Apr. 26, 1995] §11.2 Territorial extent This part applies to[…]

Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205 Source: T.D. ATF-74, 45 FR 63258, Sept. 23, 1980, unless otherwise noted Table of Contents Subpart A Scope of Regulations 11.1 General 11.2 Territorial extent 11.3 Application 11.4 Jurisdictional limits 11.5 Delegations of the Director 11.6 Administrative provisions Subpart B Definitions 11.11 Meaning of terms Subpart C Unlawful Sales Arrangements 11.21 General 11.22 Consignment sales 11.23 Sales conditioned on the acquisition of other products 11.24 Other than a bona fide sale Subpart D Rules for the Return of Distilled Spirits, Wine, and Malt Beverages 11.31 General Exchanges and Returns for Ordinary and Usual Commercial Reasons 11.32 Defective products 11.33 Error in products delivered 11.34 Products which may no longer be lawfully[…]