replicates functionality available elsewhere
This seems remarkably silly on Apple's part. Say you have an audio/video app that has a scrubber bar functionality for something. Without a touch bar, the control is in the main window on the screen. With a touch bar, it's there. So, does this mean that Apple wants such an app to have such a control in both places at the same time?
The only "downside" I can see for them allowing an app to do such a functionality is that it makes it hard(er) for someone with a Touchbar mac to explain how to use said app to someone else who doesn't have a Touchbar (or vice versa).
I can see that (maybe) they don't want apps to necessarily have features that are only available on the Touchbar and not available any other way. But this strikes me a bit like saying to a developer of an iPhone/iPad app that an app doesn't need to know which device it's running on. That's the whole reason they added Adaptive Layouts and Traits, right? Isn't "Touchbar/No-Touchbar" the same thing?
It could be that this is one of those things that is right at the top of their "Touchbar API 2.0 list" - but they know that if they allow it now, it will likely be misused by someone. (Someone makes an app that behaves radically differently with and without a Bar, and so it either becomes a mess to try to explain and/or figure out, or the TB functionality becomes a kind of "neglected stepchild interface" rather than something that is well-thought out.)