Amendment #974 to H3600

Ensuring Fairness for Brewer Distributor Relationships

Ms. Peisch of Wellesley moves to amend the bill by adding the following section:-

“SECTION XX. Notwithstanding any general or special law to the contrary, there shall be a special commission to examine contractual relationships established under section 25E of chapter 138 of the General Laws and recommend a legislative solution to address existing and future contracts under the current state of the marketplace, including the addition of more than 100 craft breweries in the commonwealth since enactment of said section 25E of said chapter 138.

The study shall include, but not be limited to, an examination of: (i) the current relationship between licensed manufacturers and distributors in the commonwealth; (ii) the enforceability of contracts between licensed manufacturers and distributors in the commonwealth; (iii) the change in the ratio of licensed manufacturers to licensed distributors since enactment of said section 25E of said chapter 138; (iv) current and future consumer interests; and (v) the approach of other states to governing the relationships between manufacturers and distributors.

The commission shall consist of the following members or their designees: the senate and house chairs of the joint committee on consumer protection and professional licensure, who shall serve as co-chairs; 1 member to be appointed by the governor; the president of the Massachusetts Brewers Guild, Inc.; the executive director of the Beer Distributors of Massachusetts; 1 member to be appointed by the president of the senate; 1 member to be appointed by the speaker of the house; 1 member to be appointed by the minority leader of the senate; 1 member to be appointed by the minority leader of the house; 3 members to be appointed by the executive director of the Beer Distributors of Massachusetts; and 3 members to be appointed by the president of the Massachusetts Brewers Guild, Inc., 1 of whom shall be a beer manufacturer who produces not more than 60,000 barrels per year, 1 of whom shall be a beer manufacturer who produces not more than 500,000 barrels per year and 1 of whom shall be a beer manufacturer who produces not  more than 6,000,000 barrels per year.

The commission shall file a report of its recommendations and proposed legislation or regulatory changes with the clerks of the senate and house of representatives and with the chairs of the joint committee on consumer protection and professional licensure not later than December 31, 2017.”