27 CFR § 8.51 - Exclusion, in general.

---
identifier: "/us/cfr/t27/s8.51"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "27 CFR § 8.51 - Exclusion, in general."
title_number: 27
title_name: "Alcohol, Tobacco Products and Firearms"
section_number: "8.51"
section_name: "Exclusion, in general."
chapter_name: "ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY"
subchapter_number: "A"
subchapter_name: "ALCOHOL"
part_number: "8"
part_name: "EXCLUSIVE OUTLETS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 3504(h)."
regulatory_source: "T.D. ATF-74, 45 FR 63256, Sept. 23, 1980, unless otherwise noted."
cfr_part: "8"
---


# 8.51 Exclusion, in general.

(a) Exclusion, in whole or in part occurs:

(1) When a practice by an industry member, whether direct, indirect, or through an affiliate, places (or has the potential to place) retailer independence at risk by means of a tie or link between the industry member and retailer or by any other means of industry member control over the retailer, and

(2) Such practice results in the retailer purchasing less than it would have of a competitor's product.

(b) Section 8.52 lists practices that result in exclusion. Section 8.53 lists practices not resulting in exclusion. Section 8.54 lists the criteria used for determining whether other practices can put retailer independence at risk.