Iowa Admin. Code r. 185-8.3 - Listing requests
The
(1)
Submitting a listing request. Listing requests shall be
submitted electronically or in a manner prescribed by the administrator or the
administrator 's designee.
(2)
Listing request requirements.
a. A listing request shall contain the
following information:
(1) A control state
code number for the product issued by the National Alcohol Beverage Control
Association.
(2) The supplier 's
f.o.b. cost per case. The case price shall be evenly divisible by the number of
bottles in the case. The supplier shall determine the number of bottles that
constitute a case for the product .
(3) The product 's case quantity size and
standard of fill.
(4) An image of
the product .
(5) A brief
description of the product .
(6) The
weights and dimensions of the product container, case, and pallet.
(7) The product 's 14-digit shipping container
code.
(8) The product 's universal
product code.
(9) Any other
information required by the administrator or the administrator 's
designee.
b. The
administrator , or the administrator 's designee, may require a supplier to
conduct a listing presentation for new products that have not been previously
listed.
(3)
Decisions.
a. The criteria
used to determine whether a listing request shall be approved or denied shall
include, but not be limited to, the following:
(1) Whether the product violates the code of
responsible practices established by the Distilled Spirits Council of the
United States.
(2) The reasonable
potential of the product to unduly jeopardize the welfare, health, peace,
morals, or safety of the people of the state.
b. The administrator , or the administrator 's
designee, shall approve or deny a listing request not more than 20 business
days from the date the listing request was submitted. Suppliers shall be
notified of the decision in writing delivered electronically or in a manner
prescribed by the administrator or the administrator 's designee.
(4)
Appeals.
a.
Appeal to administrator .
(1) A supplier may appeal the denial of a
listing request by the administrator 's designee to the administrator by filing
a notice of appeal within 30 days of the date of denial.
(2) A notice of appeal shall be in writing
and shall specify the specific findings or conclusions to which exception is
taken, the relief sought, and the grounds for relief.
(3) A notice of appeal shall be considered
filed at the time it is received by the administrator .
(4) The administrator shall affirm, reverse,
or modify the denial of the listing request and shall notify the supplier of
the decision in writing.
b.
Appeal to commission .
(1) If the administrator denies a listing
request or affirms the denial of a listing request by the administrator 's
designee, the supplier may appeal the administrator 's decision by filing a
notice of appeal with the commission within 30 days of the date of the
administrator 's decision.
(2) A
notice of appeal shall be in writing and shall specify the specific findings or
conclusions to which exception is taken, the relief sought, and the grounds for
relief.
(3) A notice of appeal
shall be considered filed at the time it is received by the
commission .
(4) The commission
shall have discretion as to whether to hear the appeal. If the commission
chooses to hear the appeal, it shall be heard at the next scheduled commission
meeting or a special meeting called for by the commission chairperson, the
administrator , or at least three members of the commission .
(5) If the commission reverses the decision
of the administrator , the listing request shall be approved.
(6) If the commission affirms the
administrator 's decision or chooses not to hear the appeal, the listing request
shall be denied.
(7) The
commission 's decision shall constitute final agency action for the purposes of
Iowa Code chapter 17A.
(5)
Resubmission of a listing
request. If a listing request for a product is denied, a new listing
request for the product may be submitted by the supplier not less than three
months after the denial date of the original listing request.
(6)
Moratorium. The
administrator , or the administrator 's designee, may implement a moratorium on
new permanent listing requests. The duration of the moratorium period shall be
determined by the administrator or the administrator 's designee. The
administrator , or the administrator 's designee, may allow a supplier to trade
out a permanently listed product for a new product during a moratorium
period.
Notes
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