(1) Liquor products that can be obtained without prohibitive inventory investment or freight charges to the department will be made available for sale through state agency liquor stores in a manner consistent with the demand for and profitability of each product and consistent with distribution limitations established in the alcoholic beverage code.

(2) Notwithstanding any other criteria in this sub-chapter, products which are packaged, labeled, or advertised in a manner that tends to blur the distinction between alcoholic and non-alcoholic products by emphasizing the features that are normally associated with non-alcoholic products and minimizing the product's alcoholic content will not be made available for sale.

(3) Any interested party may contest a decision made to list, not list, or delist a product in accordance with the provisions for contested cases in the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.