Brand Registration N.J.S.A. 33:1-2
Before you may legally sell your product in New Jersey, you must register the brand with the Division of Alcoholic Beverage Control. These registration must be done on an annual basis, otherwise your privileges to sell and distribute your product in New Jersey will be revoked. Additionally, any violations of Title 33 or New Jersey’s ABC regulations will result in the permanent revocation of your ability to register your product. For assistance with filing for brand registration or correcting a late application, call number and speak with an attorney. Our firm’s Liquor Law & Licensing department is headed by former Deputy Attorney General with the Division of Alcoholic Beverage Control, William C. Fay, IV, Esq. He has the credentials and experience necessary to handle any of your ABC related matters.
What is Brand Registration?
Every alcoholic beverage product distributed and sold in New Jersey must first be registered with the Division of Alcoholic Beverage Control. Additionally, a separate yearly application is required for every single type and branded product of alcoholic beverages. The registration process is typically handled internally or through legal representation and timeliness (January 1 of each year). Retail licensees should be cognizant of any product that comes from wholesalers and take care to ensure that each product has been properly brand registered with ABC.
Charges for Sale of Non-Brand Registered Product
Pursuant to N.J.S.A. 33:1-11, “no licensee (retail, wholesale or manufacturer) shall knowingly sell, offer for sale, deliver, receive or purchase, for resale in this State, any alcoholic beverage, including private label brands owned by a retailer and exclusive brands owned by a manufacturer or wholesaler and offered for sale or sold by such manufacturer or wholesaler exclusively to one New Jersey retailer or affiliated retailer, unless the brand owner or his authorized agent files with the Director of the Division of Alcoholic Beverage Control a brand registration schedule containing such information as the director shall by rule or regulation require.”
While most ABC charges are “strict liability”, this charges proof that the licensee knowingly sold, offered for sale, delivered, received or purchased for resale an alcoholic beverage product that was not brand registered. If you have been charged with selling a non-brand registered product, you will be facing a suspension of your license.
Liquor License Attorneys in NJ
For a consultation regarding the brand registration process or representation with ABC charges for sale of a non-brand registered product, call (732) 858-5857. Allow our ABC liquor law attorneys to put their skill and experience to work for you and your business.
