| (a) Request. A wholesaler, at any time, may request
that a product be considered for sale under the program by sending
to the director or the director's designee a sample of the product
and a written request that includes:
(1) a description of the product, including its composition;
(2) location of the product's manufacturer;
(3) wholesale unit price of the product;
(4) suggested retail price of the product;
(5) selling history and performance of the product
if it has been previously marketed;
(6) inventory production capabilities;
(7) method of delivery; and
(8) proof of ownership of the rights to market the
product.
(b) Determination. The director or the director's designee
will make the final determination on a request under subsection (a)
of this section.
(c) Notification. The department will notify the wholesaler
of the final determination. If the request is approved, the department
will initiate a contract for the sale of the wholesaler's product.
(d) Samples. All samples submitted under this section
become the property of the department unless the wholesaler specifies
otherwise in the request and provides with the request a pre-paid
return label and packaging or details for the wholesaler's personal
pick-up of the sample.
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