Section 9.108. Brand registration

(a) Definitions. For the purpose of malt or brewed beverage brand registration as required by section 445 of the Liquor Code (47 P. S. § 4-445), the following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

Brand—Malt or brewed beverages, distinguished by a unique prescribed formula and sold under a distinct label. Differences in packaging such as different style, type or size of container are not considered different brands.

Franchisee—A person, corporation, partnership or association in which rights have been conferred by a domestic or nondomestic manufacturer of malt or brewed beverages to offer, sell or deliver products within this Commonwealth to licensed importing distributors.

Malt Beverage Compliance—The section of Special Investigations responsible for handling the various duties of brand registration for the Board.

(b) Registration. Each brand of malt or brewed beverages that a manufacturer or franchisee offers, sells or delivers within this Commonwealth shall be first registered with the Board by filing the proper forms with Malt Beverage Compliance. The registration shall be on forms as provided by the Board and shall be renewed annually. An initial application shall be accompanied by:

(1) A label or copy of a label for each brand registered and a Federal label approval containing a copy of the label.

(2) A copy of a territorial franchise agreement between the manufacturer and each Pennsylvania importing distributor.

(3) If the brand registrant is an out-of-State importer/wholesaler the following:

(i) A copy of the agreement designating the United States importer/wholesaler as the authority to market in this Commonwealth.

(ii) A copy of the territorial/franchise agreements between the importer/wholesaler and each Pennsylvania importing distributor. The agreement shall contain the written consent and approval of the out-of-State domestic or nondomestic manufacturer to the appointment of the Pennsylvania importing distributor and the rights conferred thereunder.

(4) If the brand registrant is a licensed Pennsylvania importing distributor holding an agreement as franchisee with a nondomestic manufacturer, a copy of the agreement with the nondomestic manufacturer.

(c) Notification of changes. Changes in brand ownership, franchise agreements, territorial agreements or the desire to offer, sell or deliver additional brands of malt or brewed beverages, shall be reported to the Board within 30 days.

The provisions of this § 9.108 adopted September 9, 1988, effective September 10, 1988, 18 Pa.B. 4095; amended January 16, 1998, effective January 17, 1998, 28 Pa.B. 279. Immediately preceding text appears at serial pages (229081) to (229082).