US Lawyer Database

28-A §1459. Price of product

§1459. Price of product No certificate of approval holder, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesale licensee sells any product.   [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).

28-A §1460. Retaliatory action prohibited

§1460. Retaliatory action prohibited 1.  Retaliatory action prohibited.  A certificate of approval holder may not take retaliatory action against a wholesale licensee who files or indicates an intention to file a complaint of alleged violation of state or federal law or regulation by the certificate of approval holder with the appropriate state or federal regulatory […]

28-A §1461. Management and personnel of wholesale licensee

§1461. Management and personnel of wholesale licensee No certificate of approval holder may require or prohibit any change in management or personnel of any wholesale licensee unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the certificate of approval holder.   [PL 1987, c. 45, Pt. A, […]

28-A §1462. No waiver; good faith settlements

§1462. No waiver; good faith settlements No certificate of approval holder may require any wholesale licensee to waive compliance with any provisions of this chapter. Nothing in this chapter limits or prohibits good faith settlements of disputes voluntarily entered into between the parties.   [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL […]

28-A §1463. Sale of certificate of approval holder

§1463. Sale of certificate of approval holder 1.  Purchaser obligated.  The purchaser of a certificate of approval holder is obligated to all of the terms and conditions of the agreement in effect on the date of purchase.   [PL 1987, c. 45, Pt. A, §4 (NEW).] 2.  Purchase defined.  “Purchase,” as defined for the purposes […]

28-A §1464. Coverage

§1464. Coverage The provisions of this chapter apply to agreements between certificate of approval holders and wholesale licensees in existence on September 16, 1979, and those entered into after that date.   [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).

28-A §1465. Right of free association

§1465. Right of free association No certificate of approval holder or wholesale licensee may restrict or inhibit, directly or indirectly, the right of free association of certificate of approval holders or wholesale licensees for any lawful purpose.   [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).

28-A §1453. Dual distributorship prohibited

§1453. Dual distributorship prohibited 1.  Dual distributorship prohibited.  A certificate of approval holder that designates a sales territory for which a wholesale licensee is primarily responsible may not enter into any agreement with any other wholesale licensee for the purpose of establishing an additional agreement for its brand or label in the same territory.   […]

28-A §1454. Cancellation

§1454. Cancellation 1.  Good cause.  Notwithstanding the terms, provisions or conditions of any agreement, no certificate of approval holder may amend, cancel, terminate or refuse to continue or renew any agreement, or cause a wholesale licensee to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation […]

28-A §1455. Notice of intent to terminate

§1455. Notice of intent to terminate 1.  Written notices.  Before any termination procedure initiated by the certificate of approval holder, the certificate of approval holder shall give the wholesale licensee a written notice of any claimed deficiency existing in the wholesale licensee’s territory and the certificate of approval holder shall give the wholesale licensee reasonable […]