SB 2136 North Dakota Senate · 69th Legislative Assembly (2025-26)

AN ACT to amend and reenact sections 5-04-02 and 5-04-14 of the North Dakota Century Code, relating to wholesaler and brewer relations.

SB 2136 amends North Dakota laws (sections 5-04-02 and 5-04-14 of the Century Code) to regulate relationships between brewers and beer wholesalers. It prohibits brewers from: forcing wholesalers to accept unrequested products, threatening to cancel agreements to compel illegal actions, restricting wholesalers' ability to sell competing brands (unless quality/sales are materially harmed), demanding confidential financial data, failing to provide written contracts, or mandating specific e-commerce platforms. The bill also requires new brewer owners to honor existing agreements with wholesalers, unless "good cause" exists under state law. This directly affects brewers and beer wholesalers operating in North Dakota by establishing clearer, more transparent business terms.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 7, 2025 Signed Mar 26, 2025
Maddy AI version diff · 1 comparison

What changed between versions

INTRODUCED Enrollment · 4 edits
MODERATE
This bill updates North Dakota laws governing relationships between brewers and beer wholesalers by adding new prohibitions on coercive practices and clarifying obligations when a brewer is sold or transferred. The changes aim to prevent brewers from forcing wholesalers into unfavorable terms and ensure that new brewer owners inherit existing contractual agreements.
Scope change
The bill expands regulatory requirements for brewers and beer wholesalers by adding specific prohibited conduct and clarifying transfer obligations.
REQUIREMENT

Added six new prohibitions preventing brewers from inducing or coercing wholesalers, including banning threats to cancel agreements and requiring written contracts.

Added requirement that wholesalers must be allowed to use or not use business-to-business electronic commerce platforms without restriction.

Added prohibition against requiring wholesalers to submit confidential competitive brand information as a condition for renewing agreements.

DEFINITION

Clarified that purchasing a brewer (through stock, assets, merger, lease, transfer, or consolidation) obligates the new owner to existing agreement terms unless good cause exists.

Floor votes · Senate Jan 17, 2025 · House Mar 17, 2025

How they voted

470
Passed
Total votes 47
Jan 17, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
42 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
10
Committee
4
Mar 27, 2025
Introduced
Filed with Secretary Of State 03/26
legislature
Mar 26, 2025
Signed into law
Signed by Governor 03/25
upper
Mar 20, 2025
Upper · Passed
Second reading, passed, yeas 46 nays 0
upper
Mar 20, 2025
Upper · Passed
Concurred
upper
Mar 17, 2025
Lower · Passed
Second reading, passed as amended, yeas 92 nays 0
lower
Mar 13, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Mar 12, 2025
Lower · Passed
Reported back amended, do pass, amendment placed on calendar 13 0 1
lower
Mar 11, 2025
Lower · Passed
Committee Hearing 08:45
lower
Feb 13, 2025
Introduced
Introduced, first reading, referred Industry, Business and Labor Committee
lower
Jan 17, 2025
Upper · Passed
Second reading, passed, yeas 47 nays 0
upper
Jan 16, 2025
Upper · Passed
Reported back, do pass, place on calendar 5 0 0
upper
Jan 15, 2025
Upper · Passed
Committee Hearing 09:30
upper
Jan 7, 2025
Introduced
Introduced, first reading, referred Industry and Business Committee
upper
1 primary · 4 co-sponsors

Sponsors