{"data":{"id":"us-mi/mich.-comp.-laws-436.1609a","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 436.1609a","heading":"Filing by manufacturer or wholesaler; schedule of net cash prices; beer package price; sale of beer at quantity discount prohibited; disclosure of filing under subsections (1) and (2); comparison of filing under subsections (1) and (2) with tax filing; inapplicability to a brewpub; filing of prices; prohibition on quantity discounts; reasons for regulation.","body":"Sec. 609a.\n\n(1) A manufacturer or wholesaler shall file with the commission a schedule of net cash prices to the retailer for all brands of case and keg beer for its market area. If a person sells beer that has not received a registration number from the commission in violation of subrule (1)(d) of R 436.1611 of the Michigan Administrative Code and if a wholesaler files a schedule of net cash prices as required under this subsection, both of the following apply:\n\n(a) The wholesaler is not considered to have violated subrule (1)(d) of R 436.1611 of the Michigan Administrative Code.\n\n(b) A retailer is not considered to have violated subrule (1)(d) of R 436.1611 of the Michigan Administrative Code.\n\n(2) A manufacturer or wholesaler shall file with the commission a beer package price change for its market area. The manufacturer or wholesaler shall file the price change before its effective date. A price reduction under this subsection must continue for at least 90 days after the effective date.\n\n(3) The beer package price for a market area may be increased during the 90-day period described in subsection (2) for any of the following reasons:\n\n(a) To reflect a tax increase in the market area.\n\n(b) To reflect a general industry price increase in the market area.\n\n(4) The beer package price for a market area may be decreased during the 90-day period described in subsection (2) if both of the following conditions are met:\n\n(a) The price reduction is not greater on a cents-per-case basis than the price reduction filed by the competition.\n\n(b) The price reduction continues for the balance of the 90 days filed by the competition.\n\n(5) A manufacturer or wholesaler shall not sell beer at a quantity discount.\n\n(6) A net cash price filed under subsection (1) and a price change filed under subsection (2) are exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, until 1 year after the net cash price or price change is filed, as applicable.\n\n(7) The commission shall periodically compare a manufacturer's or wholesaler's filing under subsection (1) or (2) with the manufacturer's or wholesaler's tax filing under section 409.\n\n(8) This section does not apply to a brewpub.\n\n(9) Beginning July 1, 2020, the commission shall not implement or enforce subrule (1)(c) and (d) of R 436.1611 of the Michigan Administrative Code for products manufactured by a brewer and for products that a micro brewer or brewer sell exclusively at its tasting room or to a beer festival. As used in this subsection, \"beer festival\" means that term as defined in section 526.\n\n(10) A manufacturer or wholesaler shall file with the commission a schedule of the net cash prices to retailers for all wine, mixed wine drink, and mixed spirit drink by kind, type, size, and brand.\n\n(11) A manufacturer or wholesaler shall file with the commission a wine, mixed wine drink, and mixed spirit drink price change for its market area. The manufacturer or wholesaler shall file the price change before its effective date. A price change under this subsection must continue for at least 2 weeks after the effective date.\n\n(12) A manufacturer or wholesaler shall not charge a retailer a fee in addition to the net cash prices filed under this section, except for a split case fee. If a manufacturer or wholesaler charges a split case fee to a retailer, the fee must be at the same per unit rate, nondiscriminatory, and not be based on a sliding scale. A manufacturer or wholesaler shall file with the commission a split case fee charged under this subsection.\n\n(13) A manufacturer or wholesaler shall not sell wine, mixed wine drink, and mixed spirit drink at a quantity discount.\n\n(14) A net cash price filed under subsection (10) and a price change filed under subsection (11) are exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, until 1 year after the net cash price or price reduction is filed, as applicable.\n) A manufacturer or wholesaler shall not sell wine, mixed wine drink, and mixed spirit drink at a quantity discount.\n\n(14) A net cash price filed under subsection (10) and a price change filed under subsection (11) are exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, until 1 year after the net cash price or price reduction is filed, as applicable.\n\n(15) The commission shall periodically compare a manufacturer's or wholesaler's filing under subsections (10) and (11) with the manufacturer's or wholesaler's tax filing under section 301.\n\n(16) The regulation described in this section is necessary for both of the following reasons:\n\n(a) To promote temperance and the public health and welfare.\n\n(b) To promote a stable 3-tier distribution system with orderly markets for wine and malt beverage products in which there is no price discrimination by a wholesaler in its sales to retailers within the wholesaler's sales territory.","path":["MI Code","Chapter 436","Act Act-58-of-1998"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-436-1609a","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"feff43d7247f79365a0fd2c3ef5e3b8cb5aa09e1af6b80f5b470fd9c3013019b","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-436.1609","next":"us-mi/mich.-comp.-laws-436.1609b"},"notice":"GroundRules: Original legal text. Not legal advice."}