Wholesalers & Distributors Providing Samples to Clients

How does a wholesaler/distributor conduct product sampling to clients?

Who is a Client?

A client is an industry member's account customer, a retail licensee or agency liquor store that will potentially sell the product being sampled. The public is not a client.

Providing Samples for On-Premises Clients:

  • The wholesaler or distributor may furnish samples to a retail on-premises licensee that has not purchased the brand from that industry member within the last 12 months.
  • A table wine distributor may give a retail licensee up to 3 liters of any brand of wine.
  • A beer wholesaler may give a retail licensee up to 3 gallons of any brand of beer.
  • Tasting samples may occur at a licensed on-premises retailer.

Providing Samples to Off-Premises and Agency Liquor Store Clients

The wholesaler or distributor may furnish samples to a retail off-premises licensee or agency liquor store agent that has not purchased the brand from that industry member within the last 12 months, for the client to taste off the licensed premises or agency liquor store. Samples may be partially full bottles or containers, but they must be resealed or otherwise closed.

  • A table wine distributor may give a retail licensee or agency liquor store agent up to 3 liters of any brand of wine.
  • A beer wholesaler may give a retail licensee up to 3 gallons of any brand of beer.
  • Off-premises licensees and agency liquor store agents may taste samples at an on-premises licensee's place of business.

Label requirements for repackaged samples

If the wholesaler or distributor uses a container other than the original for sampling, CARD requires the sample bottle or container to include:

  • The statement "For Sample Purposes Only."
  • The specific name and variety of the wine.
  • The alcohol by volume (ABV) of the wine.
  • The amount of the sample.
  • The name of the wholesaler or distributor providing the sample.

Documentation

CARD recommends keeping documentation showing that a partially full bottle or container is a sample intended for the client to consume off the retail premises or agency liquor store.

Wine approval before shipping

All wine products, including wine intended for sampling, must be approved by CARD before being shipped into Montana.

What is Not Allowed

  • Tasting samples at an off-premises licensed premises.
  • Tasting samples at a wholesaler or distributor's licensed premises.
  • Tasting samples at an agency liquor store.
  • Having an open alcoholic beverage container at an off-premises licensed premises.
  • Having an open alcoholic beverage container at an agency liquor store.

Questions?

Contact an alcohol licensing specialist.

Legal References

All licensees must comply with all federal and Montana alcoholic beverage laws and rules. See section 16-2-107, MCA; ARM 42.12.313 and 42.13.1202; and 27 CFR § 6.91 (Samples).

January 2023. Information in department communications may have been modified, superseded, or made obsolete by changes in federal or state law or the Administrative Rules of Montana. To verify the current validity of any Department of Revenue communication, please contact DORCARDEducation@mt.gov.