General.

§ 6.81 General. (a) Application. Section 105(b)(3) of the Act enumerates means to induce that may be unlawful under the subsection, subject to such exceptions as are prescribed in regulations, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest, and the purposes of that section. This subpart implements section 105(b)(3) of the Act and identifies the practices that are exceptions to section 105(b)(3) of the Act. An industry member may furnish a retailer equipment, inside signs, supplies, services, or other things of value, under the conditions and within the limitations prescribed in this subpart. (b) Recordkeeping Requirements. (1) Industry members shall keep and maintain records on the permit or brewery premises, for a three year period, of all items furnished to retailers under §§ 6.83, 6.88, 6.91, 6.96(a), and 6.100 and the commercial records required under § 6.101. Commercial records or invoices may be used to satisfy this recordkeeping requirement if all required information is shown. These records shall show: (i) The name and address of the retailer receiving the item; (ii) The date furnished; (iii) The item furnished; (iv) The industry member's cost of the item furnished (determined by the manufacturer's invoice price); and (v) Charges to the retailer for any item. (2) Although no separate recordkeeping violation results, an industry member who fails to keep such records is not eligible for the exception claimed. (Approved by the Office of Management and Budget under control number 1512–0392) [T.D. ATF–364, 60 FR 20422, Apr. 26, 1995]