(a) Depletion allowances, or any agreement or promotion involving depletion allowances, are expressly prohibited. For purposes of this paragraph, a “depletion allowance” is the practice, or any agreement, written or oral, explicit or implicit, by which a seller of beer credits, pays, or reimburses, directly or indirectly, by any means whatsoever, a portion of the price paid by the customer based upon the quantity of beer the customer subsequently sells.

(b) A manufacturer or importer may offer to wholesalers a price promotion program, and a wholesaler may participate in a price promotion program, only pursuant to the limitations and requirements in California Code of Regulations, title 4, section 105.2. Participation by a wholesaler in any price promotion program is solely at its discretion, and it retains the independent discretion to set its own prices to retailers when participating in a price promotion program.