Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Leaker
allowances. Malt or brewed beverages contained in cooperage that
becomes unfit for consumption due to a head leaker, bung leaker, stave leaker,
loose pitch, bushing leaker or spoilage, shall be handled as follows:
(1) A tag shall be furnished by the
manufacturer to the importing distributors and distributors showing information
covering the type of leaker or spoilage, the name of the retailer or
distributor and the license number of the licensee making the claim. The tag
shall have a perforated portion, to be retained by the claimant, showing the
reason for the return of the leaker, the claim number and the date of the
claim. The top portion of the tag shall be fastened to the cooperage and
returned to the manufacturer through the distributor from whom originally
purchased.
(2) When the
manufacturer has approved the claim, he shall issue a credit memorandum in
triplicate. Three copies of the credit memorandum shall be signed by the
retailer who retains the triplicate copy. The duplicate copy shall be retained
by the distributor. The original credit memorandum and the stub of the tag
shall be returned to the manufacturer for his file. Credit replacement may then
be made in kind or in value.
(3) If
credit is disallowed by the manufacturer, the retailer shall be so notified
through the distributor, giving the reasons.
(4) The manufacturer shall attach to his
monthly report, on Forms RCB-47, RCB-48 and RCB-49, a statement showing claims
allowed, indicating names, addresses and dates involved in such
allowances.
(5) Importing
distributors shall be governed by the same procedure covering returns to
foreign manufacturers.
(b)
Breakage allowance. A
manufacturer, distributor or importing distributor of malt or brewed beverages
is not required to give breakage allowance. If an allowance is given, however,
it shall be based upon a fixed percentage of gross sales to any one licensee
customer of glass containers and contents, not to exceed .1% of gross sales of
glass containers and contents to any one licensee customer.
