Florida Regulations 61A-1.0108: Returns of Undamaged Products
Current as of: 2024 | Check for updates
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(1) Vendors who make a request for return of undamaged products within ten days after delivery may receive cash or a credit against outstanding indebtedness within ten days after the request and at the same time the distributor picks up the products. Distributors must make and keep a transaction record of all exchanges detailing the request, the date, the licensed vendor, business name and address, the vendor’s license number, and the product returned for cash, or credit.
(2) No return of the product shall be permitted if the vendor’s request is made more than ten days after the delivery date, except in the following circumstances:
(a) Products which may no longer be lawfully sold. Any situation where, due to a change in regulation or administrative procedure over which the vendor or employee/agent of the vendor has no control, i.e. a particular brand or size is no longer permitted to be sold, may be corrected through return of the product for cash or credit against outstanding indebtedness.
(b) Termination of business. Any time a vendor terminates operations products on hand at the time of termination may be returned for cash or credit against outstanding indebtedness. This does not include a temporary seasonal shutdown.
(c) Change in product. Any time a vendor’s inventory of product has been changed in formula, proof, label, or container, the product may be returned for equal quantities of the new version of the product. This does not include the return or exchange of products for which there is only a limited or seasonal demand, such as holiday decanters and certain distinctive bottles.
(d) Discontinued products. Any time the production or importation of a product is discontinued, a vendor’s inventory of the discontinued product may be returned for cash or credit against outstanding indebtedness.
(e) Seasonal dealers. Any time a vendor who is only open for a portion of the year, has product remaining at closure that will spoil in the off-season, those products may be returned for cash or credit against existing indebtedness.
(3) If product is returned in excess of ten days after receipt using the exceptions listed in paragraphs (2)(a) through (e) of this rule, documentation of the qualifying event must be maintained with the record made by the distributor pursuant to subsection (1) of this rule. All records must be made available to the division upon request.
(4) Distributors shall not make consignment sales to vendors. Vendors shall not attempt the return or exchange of product because the product is overstocked or slow-moving.
Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History-New 9-15-10.
(a) Products which may no longer be lawfully sold. Any situation where, due to a change in regulation or administrative procedure over which the vendor or employee/agent of the vendor has no control, i.e. a particular brand or size is no longer permitted to be sold, may be corrected through return of the product for cash or credit against outstanding indebtedness.
(b) Termination of business. Any time a vendor terminates operations products on hand at the time of termination may be returned for cash or credit against outstanding indebtedness. This does not include a temporary seasonal shutdown.
(c) Change in product. Any time a vendor’s inventory of product has been changed in formula, proof, label, or container, the product may be returned for equal quantities of the new version of the product. This does not include the return or exchange of products for which there is only a limited or seasonal demand, such as holiday decanters and certain distinctive bottles.
(d) Discontinued products. Any time the production or importation of a product is discontinued, a vendor’s inventory of the discontinued product may be returned for cash or credit against outstanding indebtedness.
(e) Seasonal dealers. Any time a vendor who is only open for a portion of the year, has product remaining at closure that will spoil in the off-season, those products may be returned for cash or credit against existing indebtedness.
(3) If product is returned in excess of ten days after receipt using the exceptions listed in paragraphs (2)(a) through (e) of this rule, documentation of the qualifying event must be maintained with the record made by the distributor pursuant to subsection (1) of this rule. All records must be made available to the division upon request.
(4) Distributors shall not make consignment sales to vendors. Vendors shall not attempt the return or exchange of product because the product is overstocked or slow-moving.
Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History-New 9-15-10.