§37A-3-115. Withdrawal of beer from retailer's stock.
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/ok/title-37a-alcoholic-beverages/37a-3-115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. To assure and control quality, a beer distributor or a holder of a small brewer self-distribution license or brewpub self- distribution license, at the time of a regular delivery, may withdraw with the permission of the retailer, a quantity of beer or cider in undamaged original packaging from the retailer's stock if:
1. The beer distributor or holder of a small brewer self- distribution license or brewpub self-distribution license replaces the stock with beer or cider of equivalent value brands, quantities, packaging and alcohol by volume as the beer or cider withdrawn; or
2. The stock is withdrawn before the date, or immediately after the date, considered by the brewer of the product to be the date the product becomes inappropriate for sale to a consumer.
B. The provisions of this section shall not apply to beer or cider that:
1. Has suffered damage at the retail licensee's location, regardless of the date upon which the product becomes inappropriate for sale to a consumer. 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; or
2. Has a date for recommended use that expired prior to October 1, 2018. Retail licensees and brewers are prohibited from requesting or requiring the beer distributor, small brewer self- distributor and brewpub self-distributor to remove such expired beer or cider as a condition of continued business with the retail licensee or brewer.
C. A consignment sale of beer is not authorized under this section. Added by Laws 2016, c. 366, § 85, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 17, emerg. eff. May 7, 2019. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.