WSR 18-08-091

PERMANENT RULES

LIQUOR AND CANNABIS

BOARD

[Filed April 4, 2018, 10:47 a.m., effective May 5, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Rules are needed to clarify the requirements for private label spirits between a spirits manufacturer and a spirits retailer.

Citation of Rules Affected by this Order: New WAC 314-12-146.

Statutory Authority for Adoption: RCW 66.08.030.

Adopted under notice filed as WSR 18-03-185 on January 24, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: April 4, 2018.

Jane Rushford

Chair

NEW SECTION

WAC 314-12-146 Private label spirits.

Distillers, crafter distillers, spirit certificate of approval holders, and manufacturers of spirits may produce private label spirits for on-premises and off-premises spirits retailers under the following conditions:

(1) There may be no exclusivity between the producer and the retailer for the private label spirit product. The spirit product must be reasonably available to all spirits retailers licensed to sell spirits;

(2) A copy of the contract between the producer and the spirits retailer for all private label spirits products must be available to the board for inspection; and

(3) The distiller, craft distiller, spirit certificate of approval holder, or manufacturer of spirits must submit a TTB certificate of label approval for each private label produced to the board for review.