An Act amending successor supplier laws
Generates a plain-language summary of the bill text and history.
No additional cosponsors.
| Committee | Recommendation | Vote |
|---|---|---|
| J17 | Accompanied | — |
| Bill | Title | Status |
|---|---|---|
| H4281 | An Act relative to successor supplier laws and the termination of sales to wholesalers of alcoholic beverages | Active |
| H4764 | An Act relative to successor supplier laws and the termination of sales to wholesalers of alcoholic beverages | Active |
| S203 | An Act amending successor supplier laws | Active |
Chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 25E 3/4 the following section:-
7/8. (a) For purposes of this section, a “successor supplier” shall mean any person who acquires, in any manner whatsoever, whether directly or indirectly, the right or obligation to sell an item with brand name to a wholesaler licensed in the commonwealth. (b) Any successor supplier acquiring a right or obligation to sell to a wholesaler does so subject to the agreement between the wholesaler and the supplier existing at the time of succession. An agreement with a licensed wholesaler includes, without limitation, a commercial relationship of a definite or indefinite duration between a wholesaler and the person selling a brand item to such wholesaler, whether oral or in writing, or any relationship whereby the licensed wholesaler is granted the right to offer and sell items with brand names within the commonwealth. All sales of a brand name item made to a licensed wholesaler prior to succession shall be attributed to the successor supplier for the purpose of determining whether six months of regular sales exist, pursuant to section 25E. The provisions of section 25E, prohibiting a supplier from refusing the sell an item having a brand name, shall further be binding on any successor supplier. (c) This section shall be liberally construed to effectuate the remedial purpose of the protections set forth in section 25E.
Chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 25E 3/4 the following section:- Section 25E 7/8. (a) For purposes of this section, a “successor supplier” shall mean any person who acquires, in any manner whatsoever, whether directly or indirectly, the right or obligation to sell an item with brand name to a wholesaler licensed in the commonwealth. (b) Any successor supplier acquiring a right or obligation to sell to a wholesaler does so subject to the agreement between the wholesaler and the supplier existing at the time of succession. An agreement with a licensed wholesaler includes, without limitation, a commercial relationship of a definite or indefinite duration between a wholesaler and the person selling a brand item to such wholesaler, whether oral or in writing, or any relationship whereby the licensed wholesaler is granted the right to offer and sell items with brand names within the commonwealth. All sales of a brand name item made to a licensed wholesaler prior to succession shall be attributed to the successor supplier for the purpose of determining whether six months of regular sales exist, pursuant to section 25E. The provisions of section 25E, prohibiting a supplier from refusing the sell an item having a brand name, shall further be binding on any successor supplier. (c) This section shall be liberally construed to effectuate the remedial purpose of the protections set forth in section 25E.