Merchandise.

§ 6.101 Merchandise. (a) General. The act by an industry member, who is also in business as a bona fide producer or vendor of other merchandise (for example, groceries or pharmaceuticals), of selling that merchandise to a retailer does not constitute a means to induce within the meaning of section 105(b)(3) of the Act, provided: (1) The merchandise is sold at its fair market value; (2) The merchandise is not sold in combination with distilled spirits, wines, or malt beverages (except as provided in § 6.93); (3) The industry member's acquisition or production costs of the merchandise appears on the industry member's purchase invoices or other records; and (4) The individual selling prices of merchandise and distilled spirits, wines, or malt beverages sold in a single transaction can be determined from commercial documents covering the sales transaction. (b) Things of value covered in other sections of this part. The act by an industry member of providing equipment, fixtures, signs, glassware, supplies, services, and advertising specialties to retailers does not constitute a means to induce within the meaning of section 105(b)(3) of the Act only as provided in other sections within this part. [T.D. ATF–364, 60 FR 20424, Apr. 26, 1995]