Revised Code of Washington

Wash. Rev. Code § 66.28.170 (2026)

✓ current as of May 2026

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It is unlawful for a manufacturer of spirits, wine, or malt beverages holding a certificate of approval or the manufacturer's authorized representative, a distillery, brewery, or a domestic winery to discriminate in price in selling to any purchaser for resale in the state of Washington. Price differentials for sales of spirits or wine based upon competitive conditions, costs of servicing a purchaser's account, efficiencies in handling goods, or other bona fide business factors, to the extent the differentials are not unlawful under trade regulation laws applicable to goods of all kinds, do not violate this section.

[ 2012 c 2 s 119 (Initiative Measure No. 1183, approved November 8, 2011); 2004 c 160 s 17; 1997 c 321 s 50; 1985 c 226 s 3.]

Notes:

Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

Effective date—2004 c 160: See note following RCW 66.04.010.

Effective date—1997 c 321: See note following RCW 66.24.010.

Notes of Decisions

Cited in 4 cases, 2005–2019 · leading case: Wash. Ass'n for Substance Abuse v. State, 278 P.3d 632 (Wash. 2012).

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Wash. Ass'n for Substance Abuse v. State, 278 P.3d 632 (Wash. 2012). “Manufacturers were prohibited from "discriminat[ing] in price in selling to any purchaser for resale," former RCW 66.28.170 (2004), and distributors were similarly required to maintain a wholesale price list for beer and wine, from which they were not allowed to deviate, former…”

Wa Restaurant Assoc v. Wa State Liquor & Cannabis Bd. (Wash. Ct. App. 2019). · cites it 37× “Displeased with these rules and believing them to be directly contrary to RCW66.28.170, which, as amended by 1-1183, permits certain price differentials in the sale of wine and spirits, the Washington Restaurant Association, the Northwest Grocery Association, Costco Wholesale…”

Washington Ass'n for Substance Abuse & Violence Prevention v. State, 174 Wash. 2d 642 (Wash. 2012). “Manufacturers were prohibited from “discriminat[ing] in price in selling to any purchaser for resale,” former RCW 66.28.170 (2004), and distributors were similarly required to maintain a wholesale price list for beer and wine, from which they were not allowed to deviate, former…”

Costco Wholesale Corp. v. Hoen, 407 F. Supp. 2d 1234 (W.D. Wash. 2005). “In its summary judgment motion, Costco indicates that it is also challenging RCW 66.28.170. (Dkt. No. 70 at 2). However, Costco did not identify that statute in its complaint.”

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