To: All Licensed Wholesalers, Manufacturers and Nonresident Wineries

Subject: Price Filings – Class “A”Amended Schedules for Wines and Distilled Spirits

State Regulation 03.02.01.05 titled “Price Filings.” requires wholesalers, manufacturers and nonresident wineries to post prices for each brand and size of wine and distilled spirits sold to retailers in this state. While in most cases the normal filing deadline is the 5ᵗʰ of the month for new items and price changes, to take effect the first of the following month, section C of that regulation also authorizes the filing of amended price schedules under certain circumstances. The conditions for an amended price filing are as follows:

• May be filed to add a new brand or a new size for an existing brand.
• Shall be filed by the 13ᵗʰ of the month, unless the 13ᵗʰ falls on a weekend or holiday, and then shall be due by the next business day.
• Shall be filed at the same price as a competitor’s product for the same size.

No other type of amended filing is covered by the Price Filing Regulation.

Accordingly, it shall be the policy of the State Comptroller that only amended new items that fit the aforementioned parameters described shall be given consideration as amended price filings. Requests for amended price filings describing errors made on the part of the licensee or requests for amendments received after the amended deadline will be returned disapproved.

John R. Horney

Acting Director