WSR 98-02-069

PROPOSED RULES

LIQUOR CONTROL BOARD

[Filed January 7, 1998, 10:37 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-13-071.

Title of Rule: Sampling of spirits.

Purpose: The rule sets forth the conditions whereby a distiller or its representative can provide samples of spirits to retail licensees.

Other Identifying Information: The statute was amended in 1997 at the request of the spirituous liquor industry to allow reasonable samples to be used as a promotional tool.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 68.28.040.

Summary: The rule would allow distillers to distribute samples of spirits to retail licensees who are licensed to served spirituous liquor.

Name of Agency Personnel Responsible for Drafting: Greg Nordlund, P.O. Box 43080, Olympia, WA 98504-3080, (360) 586-0875; Implementation: Dave Goyette, P.O. Box 43098, Olympia, WA 98504-3098, (360) 753-2724; and Enforcement: Gary Gilbert, P.O. Box 43094, Olympia, WA 98504-3094, (360) 586-3052.

Name of Proponent: Washington State Liquor Control Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule would allow, for the first time, distillers of spirits to provide samples to retail licensees who serve spirits. Currently there are provisions for sampling of beer and wine to licensees by manufacturers and distributors.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact to business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in section 201.

Hearing Location: Washington State Liquor Control Board, Fifth Floor Board Room, 1025 East Union Avenue, Olympia, WA 98504, on February 18, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Greg Nordlund by February 17, 1998, TDD (360) 753-1452, or (360) 586-0875.

Submit Written Comments to: Greg Nordlund, Director, Regulatory Services, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, FAX (360) 586-0875, by February 17, 1998.

Date of Intended Adoption: March 4, 1998.

January 7, 1998

Charles F. Brydon

Board Member

NEW SECTION

WAC 314-64-08001 Procedures for providing spirit samples to authorized retail licensees for the purpose of negotiating a sale: A distiller or their agent may, for the purpose of product promotion, provide without charge single samples to retail licensees authorized to sell spirits and their employees.

1. Samples are limited to 1.7 ounces (50 ml) per person and no more than one sample of each product may be provided to any one licensed business.

2. All spirit samples must be purchased at retail from the board from existing stocks or by special order.

3. Only products not previously purchased or existing products with a change in alcohol proof or formula may be sampled.

4. Both the retailer and distiller must retain records of sampling for a period of two years. The records shall include the brand and type of sample and the date of sampling.