State Distribution Laws

Minnesota


License Needed to Self-Distribute: Yes
Statute: Minn. Stat. § 340A.301

Minnesota Statute

Brewers in Minnesota who produce less than 25,000 gallons (approximately 806 barrels) per year can self-distribute if they obtain a wholesale of malt beverage license.

If brewers engage with wholesalers, they must provide their wholesalers with exclusive territories. Brewers also cannot:

  • force wholesalers to accept product they haven’t ordered
  • restrict wholesalers from selling other brands unless it would materially impair the quality of the service the wholesaler provides to the brewery
  • set resale prices of their products
  • require or prohibit a change in management unless the manager doesn’t meet reasonable qualifications
  • discriminate amongst their wholesalers
  • restrict free association amongst wholesalers.

Brewers cannot terminate, modify, or not renew their distribution agreements with their wholesalers unless they have good cause and provide the wholesaler with proper notice. Good cause includes the revocation of the wholesaler’s license, wholesaler bankruptcy or insolvency, and the wholesaler failing to comply with a reasonable and material provision of the distribution agreement. The brewer must send the wholesaler written notice at least 90 days before terminating or not renewing the agreement and allow the wholesaler those 90 days to correct the problem. Any brewer that does this without good cause must pay the wholesaler reasonable compensation for the value of the affected portion of the wholesaler’s business.

State MN | Attorney Beer

Fun Fact: Minnesota’s oldest brewery, August Schell Brewing Company, was founded in 1860 by German immigrant Schell.