Source: T.D. ATF-364, 60 FR 20425, Apr. 26, 1995, unless otherwise noted 8.51 Exclusion, in general 8.52 Practices which result in exclusion 8.53 Practice not resulting in exclusion 8.54 Criteria for determining retailer independence §8.51 Exclusion, in general (a) Exclusion, in whole or in part occurs: (1) When a practice by an industry member, whether direct, indirect, or through an affiliate, places (or has the potential to place) retailer independence at risk by means of a tie or link between the industry member and retailer or by any other means of industry member control over the retailer; and (2) Such practice results in the retailer purchasing less than it would have of a competitor’s product. (b) Section 8.52 lists practices[…]

8.21 General 8.22 Contracts to purchase distilled spirits, wine, or malt beverages 8.23 Third party arrangements §8.21 General It is unlawful for an industry member to require, by agreement or otherwise, that any retailer purchase distilled spirits, wine, or malt beverages from the industry member to the exclusion, in whole or in part, of products sold or offered for sale by other persons in interstate or foreign commerce. This prohibition includes purchases coerced by industry members, through acts or threats of physical or economic harm, as well as voluntary industry member-retailer purchase agreements. §8.22 Contracts to purchase distilled spirits, wine, or malt beverages Any contract or agreement, written or unwritten, which has the effect of requiring the retailer to purchase[…]

§8.11 Meaning of terms As used in this part, unless the context otherwise requires, terms have the meanings 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 that Act. Act – The Federal Alcohol Administration Act. Administrator – The administrator of the Alcohol and Tobacco Tax and Trade Bureau, the 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 function relating to the administration or enforcement of this part by TTB Order 1135.8, Delegation of the Administrator’s Authorities in 27 CFR Parts 8.[…]

8.1 General 8.2 Territorial extent 8.3 Application 8.4 Jurisdictional limits 8.5 Delegations of the Director 8.6 Administrative provisions §8.1 General The regulations in this part, issued pursuant to section 105 of the Federal Alcohol Administration Act (27 U.S.C. 205), specify arrangements which are exclusive outlets under section 105(a) of the Act and criteria for determining whether a practice is a violation of section 105(a) of the Act. This part does not attempt to enumerate all of the practices prohibited by section 105(a) 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 20425, Apr. 26, 1995] §8.2 Territorial extent This part applies to the[…]

Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 3504(h). Source: T.D. ATF-74, 45 FR 63256, Sept. 23, 1980, unless otherwise noted. Table of Contents Subpart A Scope of Regulations 8.1 General 8.2 Territorial extent 8.3 Application 8.4 Jurisdictional limits 8.5 Delegations of the Director 8.6 Administrative provisions Subpart B Definitions 8.11 Meaning of terms Subpart C Prohibited Practices 8.21 General 8.22 Contracts to purchase distilled spirits, wine, or malt beverages 8.23 Third party arrangements Subpart D Exclusion 8.51 Exclusion, in general 8.52 Practices which result in exclusion 8.53 Practice not resulting in exclusion 8.54 Criteria for determining retailer independence