§ 6.55 Display service. Industry member reimbursements to retailers for setting up product or other displays constitutes paying the retailer for rendering a display service within the meaning of the Act. § 6.56 Renting display space. A promotion whereby an industry member rents display space at a retail establishment constitutes paying the retailer for rendering a display service within the meaning of the Act. GUARANTEEING LOANS § 6.61 Guaranteeing loans. An industry member is prohibited from inducing the purchases of a retailer by guaranteeing any loan or the repayment of any financial obligation of a retailer. EXTENSION OF CREDIT § 6.65 General. Industry members are prohibited from inducing the purchases of a retailer by the extension of credit to the retailer for a period of time in excess of 30 days from the date of delivery. § 6.66 Calculation of period. For the purpose of this part, the period of credit is calculated as the time elapsing between the date of delivery of the product and the date of full legal discharge of the retailer, through the payment of cash or its equivalent, from all indebtedness arising from the transaction. § 6.67 Sales to retailer whose account is in arrears. [Reserved] more products may be purchased only in combination with other products and not individually. However, an industry member is not prohibited from selling at a special combination price, two or more kinds or brands of products to a retailer, provided (a) the retailer has the option of purchasing either product at the usual price, and (b) the retailer is not required to purchase any product he or she does not want. Subpart D-Exceptions § 6.81 General. (a) Application. An industry member may furnish a retailer equipment, inside signs, supplies, services, or other thing of value, under the conditions and within the limitations prescribed by this subpart. The furnishing of these items or services may not be conditioned on the purchase of distilled spirits, wine or malt beverages. (b) Recordkeeping requirements. Industry members shall keep and maintain records on the permit premises, for a three year period, of all items furnished to retailers under §§ 6.83, 6.85, 6.88, 6.89, 6.90, 6.91, 6.96(a), and 6.100. Commerical records or invoices may be used to satisfy this recordkeeping requirement if all required information is shown. These records shall show: (1) The name and address of the retailer receiving the item; (2) The date furnished; (3) The item furnished; (4) The industry member's cost of the item furnished (determined by manufacturer's invoice price); and (5) Charges to the retailer for any item. (Approved by the Office of Management and Budget under control number 15120392) [T.D. ATF-74, 45 FR 63251, Sept. 23, 1980; 45 FR 74919, Nov. 13, 1980; T.D. ATF-172, 49 FR 14941, Apr. 16, 1984] § 6.82 Cost adjustment factor. (a) General. A "cost adjustment factor" will be used to periodically update the dollar limitations prescribed in this subpart. The Director, Bureau of Alcohol, Tobacco and Fire arms, shall establish the adjusted dollar limitation on an annual basis beginning in January 1981. (b) Definition. "Cost adjustment factor" is a percentage equal to the change in the Bureau of Labor Statistics consumer price index. § 6.83 Product displays. (a) General. An industry member may furnish, give, rent, loan, or sell product displays to a retailer, subject to the limitations prescribed in paragraph (c) of this section. (b) Definition. Product display means any wine racks, bins, barrels, casks, shelving, and the like from which distilled spirits, wine, or malt beverages are displayed and sold. (c) Conditions and limitations. (1) The total value of all product displays furnished by an industry member under paragraph (a) of this section may not exceed $100 per brand in use at any one time in any one retail establishment. The value of a product display is the actual cost to the industry member who initially purchased it. Transportation and installation costs are excluded. (2) Industry members may not pool or combine their dollar limitations in order to provide a retailer a product display valued in excess of $100 per brand. (3) Product displays shall bear conspicuous and substantial advertising matter. § 6.84 Inside signs. (a) General. An industry member may furnish, give, rent, loan, or sell to a retailer inside signs which bear advertising matter. Inside signs include such things as posters, placards, designs, mechanical devices, and window decorations. (b) Conditions and limitations. Industry members may furnish inside signs to retailers under the following limitations: (1) The inside sign shall have no secondary value and be of value to the retailer only as advertising. (2) The inside sign shall be used only in the windows or other interior portions of the retail establishment. (3) The industry member may not directly or indirectly pay or credit the retailer for displaying the inside sign or for any expense incidental to its operation. § 6.85 Retailer advertising specialties. (a) General. An industry member may furnish, give, rent, loan, or sell retailer advertising specialties to a retailer if these items bear advertising matter and are primarily valuable to the retailer as point of sale advertising. These items include such things as trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks, and calendars. An industry member may add the name or name and address of the retailer to the retailer advertising specialty. (b) Limitations. (1) The total value of all retailer advertising specialties furnished by an industry member to a retailer may not exceed $50 per brand in any one calendar year per retail establishment. The value of a retailer advertising specialty is the actual cost of that item to the industry member who initially purchased it. Transportation and installation costs are excluded. (2) Industry members may not pool or combine their dollar limitations in order to provide a retailer with retailer advertising specialties valued in excess of $50 per brand. sold at a price not less than the cost to the industry member who initially purchased it, and if the price is collected within 30 days of the date of sale. $6.89 Tapping accessories. Tapping accessories, such as standards, faucets, rods, vents, taps, tap standards, hoses, washers, couplings, gas gauges, vent tongues, shanks, and check valves, may be sold to a retailer and installed in the retailer's establishment if the tapping accessories are sold at a price not less than the cost to the industry member who initially purchased them, and if the price is collected within 30 days of the date of sale. § 6.90 Supplies. Carbon dioxide gas or ice may be sold to a retailer, if sold in accordance with the reasonable open market price in the locality where sold, and if the price is collected within 30 days of the date of sale. § 6.91 Samples. An industry member may furnish or give a sample of distilled spirits, wine, or malt beverages to a retailer who has not previously purchased the brand from that industry member. For each retail establishment, the industry member may give not more than 3 gallons of any brand of malt beverage, not more than 500 milliliters of any brand of distilled spirits, and not more than 3 liters of any brand of wine. If the retailer is an agency of a State or a political subdivision of a State, the industry member may furnish not more than 2 liters of any brand of distilled spirits. If a particular product is not available in a size within the quantity limitations of this section, an industry member may furnish to a retailer the next largest size. § 6.92 Newspaper cuts. Newspaper cuts, mats, or engraved blocks for use in retailers' advertisements may be furnished, given, rented, loaned, or sold by an industry member to a retailer selling the industry member's products. § 6.93 Combination packaging. An industry member may package and distribute distilled spirits, wine, or malt beverages in combination with other items provided that: (a) The items have no value or benefit to the retailer other than that of having the potential of attracting purchasers and thereby promoting sales; (b) The package (product plus nonalcoholic item) is designed to be delivered intact to the consumer; and (c) Any additional cost incurred in creating the combination package is passed on to the retailer. § 6.94 Educational seminars. An industry member may give or sponsor educational seminars for employees of retailers either at the industry member's premises or at the retail establishment. Examples would be seminars dealing with use of a retailer's equipment, training seminars for employees of retailers, or tours of industry member's plant premises. This section does not authorize an industry member to pay a retailer's expense in conjunction with an educational semi nar. § 6.95 Consumer tasting or sampling at retail establishments. An industry member may conduct tasting or sampling activities at a retail establishment. The industry member may purchase the products to be used from the retailer, but may not purchase them from the retailer for more than the ordinary retail price. § 6.96 Consumer promotions. (a) Coupons. An industry member may furnish to consumers, coupons which are redeemable at a retail establishment under the following conditions: (1) The coupons may not specify a particular retailer or group of retailers where such coupons can be redeemed. (2) An industry member may reimburse a retailer for the face value of all coupons redeemed, and pay a retailer a usual and customary handling fee for the redemption of coupons. (3) Payments for the redemption of coupons shall be made directly to the retail entity to reduce the cost of sales. An industry member may not pay officers, employees or representatives of retailers or wholesalers for the redemption of coupons. (b) Direct offerings. Contest prizes, premium offers, refunds, and like items may be offered by industry members directly to consumers. Officers, employees and representatives of wholesalers or retailers are excluded from particiption. § 6.97 Coil cleaning service. Coil cleaning service may be furnished, given or sold to a retailer of wine or malt beverages. § 6.98 Advertising service. The names and addresses of retailers selling the products of an industry member may be listed in an advertisement of that industry member, if: (a) The advertisement does not also contain the retail price of the product, and (b) The listing is the only reference to the retailer in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole. Picture or illustrations of retail establishments and laudatory references to retailers in industry member advertisements are not hereby authorized. § 6.99 Stocking, rotation and pricing service. Industry members may, at a retail establishment, stock, rotate and affix the price to distilled spirits, wine, or malt beverages which they sell, provided products purchased from other industry members are not altered or disturbed. The rearranging or resetting of all or part of a store or liquor department is not hereby authorized. § 6.100 Participation in retailer association activities. An industry member may participate in retailer association activities. An industry member may: (a) Display its products at a convention or trade show, (a) General. An industry member, who is also engaged in business as a bona fide vendor of other merchandise (for example, groceries or drugs) may sell that merchandise to a retailer if: (1) The merchandise is sold at its fair market value, (2) The merchandise is not sold in combination with distilled spirits, wines, or malt beverages, and (3) The merchandise is itemized separately on the industry member's invoices and other records. (b) Things of value covered in other sections of this part. Equipment, fixtures, signs, glassware, supplies, services, and advertising specialties may be furnished to retailers only as provided in other sections within this part. [T.D. ATF-74, 45 FR 63251, Sept. 23, 1980; 45 FR 66007, Oct. 6, 1980] (b) Rent display booth space if the rental fee is not excessive and is the same as paid by all exhibitors, Sec. 7.24 Class and type. 7.25 Name and address. 7.26 Alcoholic content. 7.27 Net contents. 7.28 General requirements. 7.29 Prohibited practices. Subpart D-Requirements for Withdrawal of Imported Malt Beverages From Customs Custody 7.30 Application. 7.31 Label approval and release. Subpart E-Requirements for Approval of Labels of Malt Beverages Domestically Bottled or Packed 7.40 Application. 7.41 Certificates of label approval. 7.42 Exhibiting certificates to Government officials. Subpart F-Advertising of Malt Beverages 7.50 Application. 7.51 Definitions. 7.52 Mandatory statements. 7.53 Legibility of mandatory information. 7.54 Prohibited practices. 7.55 Comparative advertising. Subpart G-General Provisions 7.60 Exports. AUTHORITY: August 29, 1935, Chapter 814, sec. 5, 49 Stat. 981, as amended (27 U.S.C. 205). SOURCE: T.D. 6521, 25 FR 13859, Dec. 29, 1960, unless otherwise noted. EDITORIAL NOTE: For a document affecting Part 7, see the editorial note appearing at the beginning of this chapter. CROSS REFERENCES: Other regulations relating to this part are as follows: 27 CFR Part 1-Basic Permit Requirements Under the Federal Alcohol Administration Act. 27 CFR Part 4-Labeling and Advertising of Wine. 27 CFR Part 5-Labeling and Advertising of Distilled Spirits. 27 CFR Part 200-Rules of Practice in Permit Proceedings. 27 CFR Part 245-Beer. 27 CFR Part 250-Liquors and Articles From Puerto Rico and the Virgin Islands. 27 CFR Part 251-Importation of Distilled Spirits, Wines and Beer. Subpart A-Scope § 7.1 General. The regulations in this part relate to the labeling and advertising of malt beverages. § 7.2 Territorial extent. This part applies to the several States of the United States, the District of Columbia and the Commonwealth of Puerto Rico. § 7.3 Forms prescribed. (a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part. (b) "Public Use Forms" (ATF Publication 1322.1) is a numerical listing of forms issued or used by the Bureau of Alcohol, Tobacco and Firearms. This publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. (c) Requests for forms should be mailed to the ATF Distribution Center, 3800 South Four Mile Run Drive, Arlington, Virginia 22206. [T.D. ATF-92, 46 FR 46912, Sept. 23, 1981] Subpart B-Definitions § 7.10 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this subpart. Act. The Federal Alcohol Administration Act. Advertisement. See § 7.10 for meaning of term as used in Subpart F of this part. Brand label. The label carrying, in the usual distinctive design, the brand name of the malt beverage. Bottler. Any person who places malt beverages in containers of a capacity of one gallon or less. Container. Any can, bottle, barrel, keg, or other closed receptacle, irre |