§ 3-5-1308 - Nonresident seller to be primary American source of supply. - Arkansas Statutes

3-5-1308. Nonresident seller to be primary American source of supply.

(a) No holder of a nonresident seller's permit or wholesaler support center permit may solicit, accept, or fill an order for beer or malt from a holder of any type of wholesaler's permit unless the nonresident seller or wholesaler support center permittee is the primary American source of supply for the brand of beer or malt which is ordered.

(b) (1) In this section, "primary American source of supply" shall mean:

(A) (i) The producer;

(ii) The owner of the commodity at the time it becomes a marketable product; or

(iii) The bottler; or

(B) The exclusive agent of any of those.

(2) To be the "primary American source of supply", the nonresident seller or wholesaler support center permittee must be the first source, that is, the closest source to the manufacturer, in the channel of commerce from whom the product can be secured by persons conducting business in Arkansas.