2005 Idaho Code - 23-1033A — PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN BREWERS OR DEALERS AND WHOLESALERS

                                  TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 10
                                     BEER
    23-1033A.  PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN BREWERS OR
DEALERS AND WHOLESALERS. (1) It shall be unlawful for any brewer or dealer,
directly or indirectly, or through an affiliate, subsidiary, officer,
director, agent or employee:
    (a)  To require that any wholesaler purchase any such beer or other
    distributed products from such person to the exclusion in whole or in part
    of beer or other products made or imported by other dealers or brewers;
    (b)  To discriminate in price, allowance, rebate, refund, commission,
    discount, or service between the wholesalers purchasing beer or other
    products from such brewer or dealer;
    (c)  To threaten any wholesaler with any discrimination prohibited under
    subsection (1)(b) of this section, with the purpose or effect of changing
    or maintaining resale prices of the wholesaler;
    (d)  To impose conditions or restrictions on a wholesaler not generally
    imposed on other wholesalers of such brewer.
    (2)  Nothing in this section shall be deemed to prohibit brewers or
dealers from selecting their own customers in bona fide transactions not in
restraint of trade, nor to prohibit a brewer, or any affiliate or subsidiary
of such brewer, duly licensed as a wholesaler from selling and distributing
beer or other products manufactured by such brewer at wholesale to the
exclusion of beer or other products manufactured by any other brewers.  The
terms "wholesaler" and "wholesalers" as used in this section shall mean a
wholesaler or wholesalers licensed and engaged as such in the sale and
distribution of beer in the state of Idaho.

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