State Distribution Laws

License Needed to Self-Distribute: Yes
Statute: N.M. Stat. Ann. § 60-6A-26.1

New Mexico Statute

In New Mexico, brewers that hold a small brewer’s license are permitted to self-distribute.

Brewers that enter into distribution agreements with wholesalers must file copies of the distribution agreements with the state, provide the wholesalers with specific territories, and are subject to certain restrictions. First, brewers cannot require wholesalers to exclusively buy products from them. Brewers also cannot terminate distribution agreements without good cause. Good cause includes the wholesaler’s failure to substantially comply with an essential and reasonable provision of the distribution agreement or bad faith actions on the part of the wholesaler. Additionally, brewers cannot discriminate between wholesalers that they’ve authorized to distribute the same products. If a brewer violates any of these provisions, the wholesaler can bring action for damages.

Fun Fact: In true Wild West form, the late 1800’s in New Mexico saw a slew of brewery shoot-outs, like the one at Fischer Brewery in which Fischer’s brewer killed a neighbor after a [non-beer-related] dispute.