SECTION 45:30-5-25. Quality Control


Latest version.
  • (a)   Beer Distributors, Small Brewer Self-Distributors and Brewpub Self-Distributors may withdraw from a retail licensee's stock, with the permission of the retail licensee and at the time of regular delivery, a quantity of beer or cider in undamaged original packaging if the following conditions are met:
    (1)   The beer or cider is withdrawn before, or immediately after the date for recommended use stamped on the beer or cider by the Brewer; and
    (2)   The beer or cider is replaced with beer or cider of identical brands, quantities, packaging and alcohol by volume as the beer or cider withdrawn.
    (b)   The provisions of this Section shall not apply to beer or cider that:
    (1)   Has suffered damage at the retail licensee's location. Beer Distributors, Small Brewer Self-Distributors and Brewpub Self-Distributors are prohibited from giving a refund for or replacing beer or cider that was damaged while in the possession of the retail licensee. Retail licensees are prohibited from requesting or requiring the Beer Distributor, Small Brewer Self-Distributor and Brewpub Self-Distributor to remove such damaged product as a condition of continued business with the retail licensee.
    (2)   Has a date for recommended use that expired on or before October 1, 2018. Retail licensees and Brewers are prohibited from requesting or requiring a Beer Distributor to remove such expired beer or cider as a condition of continued business with the retail licensee or Brewer.
[Source: Added at 35 Ok Reg 833, eff 10-1-18]