A supplier may enter into an agreement with a wholesaler or authorized representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt beverage products on retail licensed premises: on a case for case basis; at the supplier’s expense; and under a plan that the Executive Director approves. If a wholesaler refuses to replace stale or out–of–date malt beverage products on retail licensed premises under the plan described in subsection (a)(3) of this section, the supplier may unilaterally submit a replacement plan to the Executive Director for approval. The replacement plan that the supplier unilaterally submits to the Executive Director may include the designation of an authorized representative or wholesaler outside the territory of the wholesaler who refuses to participate in the plan.