(1) Industry members must keep records of all product displays, equipment and supplies, participation in retailer association activities, the acquisition or production cost and selling cost of specialties or any items given, sold, or loaned to vendors, or any other form of assistance limited as to quantity, frequency, or value by Rules 61A-1.010 through 61A-1.0108, F.A.C., or Florida Statutes § 561.42 These records must be maintained for three years on the industry member’s licensed premises or other location so long as the division is notified in writing prior to the use of that location. The division must also be notified in writing of any change in location. The records may be in any format so long as they are available and legible to division personnel when the records are requested for review. A copy of any record produced in compliance with this rule shall be given to the vendor. The copy shall be in a format accessible and readable by the vendor, i.e. not provided in an electronic format that would require proprietary software unavailable to the vendor. These records must show:
    (a) The name and address of the vendor, vendor’s employee or agent receiving the assistance;
    (b) The vendor’s license number;
    (c) The date furnished, given, rented, loaned, or sold;
    (d) The description and quantity of assistance furnished, given, rented, loaned, or sold;
    (e) The cost of the industry member’s assistance determined by the original purchaser’s invoice price. This information is not required if no value restrictions exist;
    (f) The charges to the vendor for the assistance, if any; and
    (g) The name, license number, and address of the industry member providing the credit, cash, or other form of assistance as described in subsection 61A-1.010(1), F.A.C.
    (2) Pursuant to Florida Statutes § 561.42(8), vendors shall keep any record provided to the vendor under subsection (1) of this rule on their licensed premises, of any credits, or any other form of assistance, as described subsection 61A-1.010(1), F.A.C, limited as to quantity, frequency, or value by Rules 61A-1.010 through 61A-1.0108, F.A.C., or Florida Statutes § 561.42 These records must be maintained for three years on the vendor’s licensed premises or other location so long as the division is notified in writing prior to the use of that location. The division must also be notified in writing of any change in location. These records must show:
    (a) The name and address of the industry member providing the credit, cash, or other form of assistance as described in subsection 61A-1.010(1), F.A.C.
    (b) A description of the form of assistance received and quantity received, if applicable.
Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History-New 9-16-10.