AN ACT to amend and reenact sections 5-04-02 and 5-04-14 of the North Dakota Century Code, relating to wholesaler and brewer relations.
Summary
SB 2136 amends North Dakota’s beer wholesaler and brewer relationship laws. The bill expands the list of prohibited brewer conduct by barring a brewer from pressuring a wholesaler to accept unordered alcoholic beverages or other commodities, to enter agreements or take actions that would violate state law, or to accept contract terms that restrict the wholesaler’s ability to sell other brewers’ products unless that would materially impair service or sales. It also prohibits requiring confidential competitive-brand information as a condition of renewal, requires written contracts that comply with state law, and adds a new prohibition on requiring or forbidding a wholesaler’s use of a business-to-business electronic commerce platform.
The bill also updates the law governing the sale or transfer of a brewer. When a brewer is purchased and the buyer continues operating as a brewer, the new purchaser is generally bound by the existing wholesaler agreements, unless there is good cause under existing law. The definition of “purchase” is broad and includes stock sales, asset sales, mergers, leases, transfers, and consolidations. Overall, the measure strengthens statutory protections for beer wholesalers and clarifies continuity of brewer-wholesaler contracts after ownership changes.
Impact
SB 2136 amends sections 5-04-02 and 5-04-14 of the North Dakota Century Code, affecting the state’s alcohol distribution and franchise relationship rules. It adds new legal restrictions on brewer conduct toward beer wholesalers, including limits on coercive contract practices and platform mandates, and it reinforces that successor brewers inherit existing wholesaler agreements in most ownership-change transactions. The bill primarily affects brewers, beer wholesalers, and the contractual terms governing distribution relationships in North Dakota.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate and House with unanimous or near-unanimous votes, indicating general agreement that the changes are clarifying or protective in nature. The lack of committee transcript material suggests there was no major public controversy recorded in the available materials.
Contention
No significant contention is evident in the available record. The main policy issues embedded in the bill are the balance of power between brewers and wholesalers, the scope of permissible contract conditions, and whether brewers may require or restrict use of business-to-business e-commerce platforms. Any potential disagreement would likely center on whether these provisions protect wholesalers from coercion or instead limit brewer flexibility in managing distribution and sales relationships, but the vote totals suggest those concerns did not generate meaningful opposition.
A BILL for an Act to create and enact sections 14-02.1-04.3, 14-02.1-04.4, and 14-02.1-04.5 of the North Dakota Century Code, relating to the creation of an abortion approval committee, a framework for abortion, and an emergency medical exception; to amend and reenact sections 12.1-19.1-03, 14-02.1-02, 14-02.1-02.1, 14-02.1-02.2, and 14-02.1-03, subsection 1 of section 14-02.1-03.1, sections 14-02.1-05, 14-02.1-07, 14-02.1-08, 14-02.1-09, and 14-10-15, and subsection 3 of section 14-10-19 of the North Dakota Century Code, relating to abortion procedures, consent, and reporting requirements; and to repeal sections 14-02.1-03.4, 14-02.1-03.5, and 14-02.1-04 of the North Dakota Century Code, relating to abortion restrictions.
AN ACT to amend and reenact sections 54-55-01, 54-55-03, 54-55-04, and 54-55-05 of the North Dakota Century Code, relating to the North Dakota commission on uniform state laws.