RULE NUMBER 15

A. Samples for Tasting

1. Whenever it is necessary or desirable to procure samples of alcoholic liquor for tasting purposes prior to the issuance of an order for the goods, an importer may do so by sending a letter to the Commissioner in triplicate, stating what he desires to procure, the total quantity and the size of the separate samples. This notification should consist of an original and two carbons. The original will be retained in the office of the Commissioner, one of the carbons returned to the importer approved, and the other carbon will be used by the inspector in clearing the shipment.

2. The shipments approved should have the proper sticker attached to them and upon arrival in Delaware, will be marked "Tax Free" and cleared, by, the Commissioner's inspector. The tax free sample must not be greater in quantity than one case (3 gal.) of spirits or three cases (3 gal.) of wine or ten (2.25 gal.) of beer, in immediate containers of 6 oz. or larger capacity. The goods may be all of one kind and size or assorted, and must be an introductory shipment of kind not previously and commonly merchandised in Delaware.

3. Whenever it is desirable for an importer to use samples in introducing a brand of alcoholic liquor to the retail trade, such samples may not be used after the expiration of 30 days from the date on which such brand was first offered for sale in the State of Delaware, except when a brand would change from a blend to a straight, or vice versa. When a change takes place as described in the above exception, sampling may, take place for a period of 30 days after the changed product has been offered for sale in this State.

4. Each sample shall have distinctly printed or stamped across the label thereof or on a sticker permanently affixed to the container adjacent to the label the following legend: "SAMPLE FOR TASTING -- NOT FOF RESALE" in black letters at least one-half inch in height on a white or light yellow background.

5. All seals on such bottles must be broken prior to bottle leaving importer's warehouse, provided, however, that this shall not require the breaking of seals upon or the puncturing or opening of container of beer before these are taken from such warehouse. No bottle or partial bottle is to be left with any retail licensee, his employee, or any individual, and must remain in the possession of the representative of the manufacturer or importer; provided, however, in regards to beer a single bottle or can thereof containing not more than 12 fluid ounces may be left with a licensee.

6. Paragraphs 4 and 5 above shall apply to all samples, regardless of whether or not tax has been paid. .

B. Samples Not For Tasting

1. Whenever it is desirable for an importer to show to retail licensees the type of packaging or the type of containers of alcoholic liquors being offered for sale by the importer, the importer's salesman shall be permitted to have in his possession and show to retail licensees containers of alcoholic liquors which are unopened aid have no broken seals if such containers are set forth on an invoice marked "Transport" which the importer has issued to the salesman and which the salesman has on his person at the time. The original and all copies of the invoice, except for the copy in the possession of the salesman, shall be voided on the date of issuance. The original of the invoice shall be retained by the importer, and the Commissioner's customary copy shall be forwarded to the Commissioner in the same manner as other invoices. The copy of the invoice delivered to the salesman shall be returned to the importer within two weeds after its date of issuance, whereupon the importer shall void that copy and retain it. The alcoholic liquors described in the invoice hall not be charged out of the importer's inventory and shall be physically returned to the importer's inventory at the time the salesman's copy of the invoice is returned to the importer.

2. It shall be the responsibility of the importer that all the alcoholic liquors described in the invoice, while said alcoholic liquors are not physically in the importer's inventory, shall at all times be in the possession of the person, authorized by the importer, who has physical possession of the salesman's copy of the invoice.

EFFECTIVE: JANUARY 6, 1971