Section 2

Act 160 of 1990, § 2, under LIQUOR CODE - OMNIBUS AMENDMENTS.

Act 160 of 1990, § 2

Section 2. The act is amended by adding a section to read:

Section 447. Price Changes of Malt and Brewed Beverages.--(a) (1) The purpose of this section is to regulate the manner in which prices of malt or brewed beverages is changed by the manufacturers, importing distributors and other distributors and to provide for the retention and the furnishing of records of price changes by such manufacturers, importing distributors and distributors.

(2) Any manufacturer, importing distributor or distributor who reduces the price on any package of any brand of malt or brewed beverages sold for resale within this Commonwealth may further reduce the price at any time, but any reduction shall continue in full force and effect for at least one hundred eighty days from the date on which the last such reduced price becomes effective, except for the meeting of competition as set forth in subsection (b). However, such reduced price may be increased during such one hundred eighty-day period to reflect any tax increase on malt or brewed beverages.

(3) If a manufacturer, importing distributor or distributor of malt or brewed beverages lowers the wholesale price on any package of any brand of malt or brewed beverages to one importing distributor or distributor or retail licensee within this Commonwealth, the manufacturer, importing distributor or distributor shall lower the wholesale price on such package of such brand offered or sold to all other importing distributors or distributors or retail licensees within this Commonwealth by a like amount. Any importing distributor or distributor who lowers the wholesale price on any package of any brand of malt or brewed beverages shall file a notice of the lowered price with the Commonwealth no later than seven days of such change and retain a record of the lowered price for at least two years from the date of filing. If such manufacturer, importing distributor or distributor, having lowered the wholesale price on a package of a brand pursuant to this section, subsequently raises the wholesale price on such package of such brand to one importing distributor or distributor or retail licensee within this Commonwealth, such manufacturer, importing distributor or distributor shall raise the wholesale price on such package of such brand offered or sold to all other importing distributors or distributors or retail licensees within this Commonwealth by a like amount.

(4) No importing distributor or distributor shall be required by any manufacturer or importing distributor to reduce the resale price of any package of any brand of malt or brewed beverages by an amount greater than the amount by which such manufacturer or importing distributor has reduced the wholesale price on such package of such brand to such importing distributor or distributor.

(5) Every importing distributor and distributor receiving a price reduction on any package of any brand of malt or brewed beverages pursuant to this section shall reduce his price by a like amount to all classes of customers.

(6) Manufacturers of malt or brewed beverages shall notify importing distributors and distributors, in writing, of any price reductions, prices on newly introduced brand or packages and subsequent increases after expiration of one hundred eighty days, if any, at least fifteen days in advance of such price changes.

(b) If a manufacturer, importing distributor or distributor has reduced the wholesale price on any package of any brand of malt or brewed beverages, any other manufacturer, importing distributor or distributor may reduce the wholesale price on the same or similar package of such brand in order to meet competition. Such price reduction shall be no greater than the price reduction being met. All such price reductions to meet competition shall continue in full force and effect for the balance of the one hundred eighty-day period during which the price reduction being met is required to remain in full force and effect.

(c) Notwithstanding any other provision of this section, the board shall have the authority, upon application by a manufacturer, importing distributor or distributor, to permit such manufacturer, importing distributor or distributor to change the price within a time period of less than one hundred eighty days from when the price went into effect upon an appropriate showing that market conditions warrant a change in price.