OAR 845-010-0166
Territorial Agreements for the Wholesale Sale of Malt Beverages
(1)
Only one wholesaler may distribute a brand of malt beverage in a designated territory.(2)
When an importer contracts with a wholesaler for exclusive distribution, the importer must give the Commission copies of both its agreement with the wholesaler and its agreement with the manufacturer that documents its authority to designate a wholesaler. The Commission will not allow the wholesaler to post prices without both agreements.(3)
The Commission will accept a filing for a change in an exclusive territorial designation whenever the manufacturer executes and files a notice of change and an affidavit that the level of service will not be affected. This applies even when the existing agreement is between an importer and a wholesaler. When the Commission receives the notice, manufacturer’s affidavit, and territorial agreement, the new agreement automatically supercedes any previous agreements.(4)
The manufacturer may base the affidavit on information received from the wholesaler.(5)
“Level of service will not be affected” means that the new wholesaler will comply with all quality control standards and services as required in ORS 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale), and will service all retail licensees within the designated territory who want to sell the product.(6)
The Commission’s only responsibilities under ORS 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale) are to accept and file notices, affidavits, and territorial agreements a manufacturer submits.
Source:
Rule 845-010-0166 — Territorial Agreements for the Wholesale Sale of Malt Beverages, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-010-0166.