ACSA Member Survey: Trade Practice Regulations, Short Version

In its request for comments on updating trade practice regulations, TTB has identified sixteen areas of specific interest. We have a long version of this survey that gives you an opportunity to comment on each of those areas. If you wish to fill out the long version, please click here.

Because we know you're busy, this shorter survey just asks for input on some of the areas where we are most interested in member feedback, plus a couple additional questions from ACSA.

Your feedback on TTB's areas of interest, plus your anecdotes from the field, will help guide and ground ACSA's comments to reflect the realities our members face every day.

Name

First NameLast Name

Company Affiliation

Email

example@example.com

Do you give ACSA permission to summarize or quote your answers in our response to TTB?*

Should TTB define a maximum level of ownership interest in businesses across tiers that would not result in concerns about exclusion or independence? If so, what should that interest should be?

Should TTB clarify or alter the definition of exclusion in terms of “purchasing less” of a competitor's product, as provided in the regulations? For example, new retail establishments may have never purchased from competing industry members that did not induce or require such purchases. Should the regulations explicitly address that situation, and, if so, how?

Should TTB modify the regulations to establish and clarify the standard of proof / evidence that would be deemed sufficient or insufficient to demonstrate exclusion?

"Slotting Fees" is a form of inducement that entails paying or crediting a retailer for any advertising, display, or distribution service. Should TTB update the trade practice regulations to include a definition of slotting fees? Should that definition include free or subsidized equipment that is, by agreement or design, only able to display or dispense the furnishing industry member's products? Should this definition include slotting fees that might be specific to digital or ecommerce environments?

How might TTB update the list of specialty items and point of sale advertising materials that suppliers are allowed to furnish to trade buyers under the regulations? How can this list discourage their use for illicit purposes? Should TTB update the regulations to place monetary caps on these items?

The FAA Act defines a “trade buyer” as “any person who is a wholesaler or retailer.” Similarly, TTB's commercial bribery and consignment sales regulations define a “trade buyer” as “any person who is a wholesaler or retailer of distilled spirits, wine or malt beverages.” There has been some confusion about how such definitions apply to importers that wholesale (purchase for resale at wholesale) the products they import but are not required to obtain a separate wholesale basic permit. TTB seeks comments on whether it should amend the regulations to clarify that trade buyers include persons engaged in wholesaling or retailing alcohol beverage products, regardless of permit status.

Should ACSA should advocate for a separate tier of regulations for small suppliers? If so, how should that be defined? Specific ideas about how this might apply to any particular area of trade practice regulation are welcome.

Can you share a brief anecdote or two about how your company has been negatively impacted by federal trade practice regulations as written and enforced? These can help us tell our story to TTB. Please do not include specific names of industry members involved.

In addition to the areas TTB has asked about, what additional changes to trade practice regulation do you want ACSA to advocate for? Please be as specific as possible.

ACSA Member Survey: TTB Trade Practice Regulations, Short Version

Questions from TTB

Questions from ACSA