This bill amends sections 5-04-02 and 5-04-14 of the North Dakota Century Code, focusing on the relationships between brewers and beer wholesalers. In section 5-04-02, the bill prohibits brewers from coercing wholesalers into accepting unordered products, entering agreements that violate state laws, or limiting their ability to sell other brands, provided it does not negatively impact the brewer's existing products. Additionally, it requires brewers to provide written contracts to wholesalers and prohibits them from requiring wholesalers to submit confidential financial information related to competitive brands. A new provision is added that prevents brewers from mandating or prohibiting wholesalers from using business-to-business electronic commerce platforms.
In section 5-04-14, the bill clarifies that the purchase of a brewer obligates the new purchaser to adhere to the existing agreement terms, with the definition of "purchase" expanded to include various forms of business transactions such as stock sales, mergers, and leases. The language regarding the purchaser continuing in business as a brewer has been deleted, streamlining the obligations tied to the purchase. Overall, the bill aims to enhance the regulatory framework governing brewer-wholesaler interactions in North Dakota.
Statutes affected: INTRODUCED: 5-04-02, 5-04-14