---
kind: "section"
citation: "27 C.F.R. § 6.101"
title: "27"
number: "6.101"
heading: "Merchandise."
url: "https://uscodex.org/cfr/27/6.101"
---

# §6.101. Merchandise.

- (a) **General.** The act by an industry member, who is also in business as a bona fide producer or vendor of other merchandise (for example, groceries or pharmaceuticals), of selling that merchandise to a retailer does not constitute a means to induce within the meaning of section 105(b)(3) of the Act, provided:
  - (1) The merchandise is sold at its fair market value;
  - (2) The merchandise is not sold in combination with distilled spirits, wines, or malt beverages (except as provided in [§ 6.93](/cfr/27/6.93.md));
  - (3) The industry member's acquisition or production costs of the merchandise appears on the industry member's purchase invoices or other records; and
  - (4) The individual selling prices of merchandise and distilled spirits, wines, or malt beverages sold in a single transaction can be determined from commercial documents covering the sales transaction.
- (b) **Things of value covered in other sections of this part.** The act by an industry member of providing equipment, fixtures, signs, glassware, supplies, services, and advertising specialties to retailers does not constitute a means to induce within the meaning of section 105(b)(3) of the Act only as provided in other sections within this part.

## Notes

### Amendments

[T.D. ATF-364, 60 FR 20424, Apr. 26, 1995]

### Authority

Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 3504(h).

### Source

Source: T.D. ATF-74, 45 FR 63251, Sept. 23, 1980, unless otherwise noted.

### Amendments

[T.D. ATF-364, 60 FR 20424, Apr. 26, 1995]