(1) A product listing will be determined by the number of case sales in the past 12 months prior to the review. The listings will be reviewed in January and July of each year. The results of the January review are effective May 1st. The results of the July review are effective November 1st. The listings will be categorized as follows:

(a) "Regular" products are determined by the equivalent number of available locators in the state liquor warehouse if:

(i) product sales are not a result of closeout, overstock, or erratic sales and must show a six month sales pattern; and

(ii) product is available year-round.

(b) "Warehouse supply" products are:

(i) those products that do not meet the criteria of a regular list product; and

(ii) the product sales equal to or greater than the 24 case sales.

(c) "Special order" products are products that do not meet criteria for regular list or warehouse supply items.

(2) A liquor product will be listed as a "promotional" product if the department receives and approves a written proposal that:

(a) is submitted by a vendor who has a Montana vendor permit in accordance with ARM 42.11.213 and has at least one representative registered in accordance with ARM 42.11.205 and 42.11.211;

(b) states that the product is new to the state of Montana and will be maintained in the bailment warehouse;

(c) provides the following information for each product by bottle size:

(i) a completed standard quotation and specification form which references the National Alcoholic Beverage Control Association control state code for the product;

(ii) a list of the test market locations proposed for the new product and the expected initial order amount;

(iii) a description of the promotional strategy that the vendor and the vendor's registered representative will undertake during the six-month promotion period; and

(iv) if promotional products fail to sell at the proposed level after a six month promotion period, the department will notify the vendor and make arrangements to remove the excess stock from the warehouse at the vendor's expense. No additional supplier promotions will be allowed until the stock is removed from the warehouse.

(3) Sample products, like all regular inventory products, must be shipped to the state liquor warehouse for distribution purposes. Sample products must meet the following criteria:

(a) samples are limited to bottles containing no more than 750 milliliters; and

(b) limit of 72 bottles per brand label, per vendor, per calendar year in addition to 720 bottles of 50 milliliters or 200 milliliters.