New Jersey § 33:1-93

§ 33:1-93.

The Legislature finds that where a brewer's products represent more than 20% of a

wholesaler's gross sales and the brewer and wholesaler have a community of interest

in the marketing of the brewer's products, there is a justification for certain input

by the brewer into the operations of the wholesaler, but that such input from numerous

brewers representing smaller percentages of a wholesaler's gross sales might subject

wholesalers to inconsistent obligations, create uncertainty as to those obligations,

and interfere unreasonably with the wholesaler's ability to operate its business. Accordingly, consistent with the legislatively declared public policy of this State

in section 4 of P.L.1985, c. 258 ( C.33:1-3.1 ), the use of the following terms in any agreement or contract, including agreements

or contracts existing on the effective date of this act, 1 between manufacturers of malt alcoholic beverages and wholesalers, shall not be construed

to grant such manufacturer or wholesaler an interest in another manufacturer or wholesaler

under the relevant provisions of Title 33 of the Revised Statutes or any rule or regulation

promulgated thereunder provided that the brewer's products represent more than 20%

of the wholesaler's gross sales and the brewer and wholesaler have a community of

interest in the marketing of the brewer's products: a. Terms providing brewers the ability to give reasonable consent to wholesaler ownership

and management changes, including successor management; b. Terms setting forth quality, operational, marketing and sales standards designed

to properly represent the products, brands, reputation and trade name of the brewer,

in the territory and at retail, including terms under which a wholesaler commits to

provide certain efforts and resources toward a brewer's products; c. Terms concerning ordering and inventory methods with respect to the brewer's products;

and d. Terms requiring wholesalers to provide financial information to a brewer related

to sales and operations of the brewer's products, and reasonable aggregated financial

information related to the sales and operations of all other malt alcoholic beverage

products distributed by the wholesaler. 1

L.2005, c. 243, eff. March 1, 2006.