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ABT: Distributors May Replace Out-of-Date Beers

In a consumer-friendly move, the Division of Alcoholic Beverages and Tobacco announced that beer distributors may remove expired or out of date beers from a vendor’s premises and replace them at no additional charge. The Division was responding to a distributors’s request for guidance on whether the replacements were authorized by section 561.423 of the Florida Statutes, which governs permissible in-store servicing activities. The statute contemplates quality control procedures, but does not explicitly reference date concerns.

Kudos to the Division for taking such a clear and modern position on this matter. In addition to the customer, manufacturers and vendors will certainly benefit from this development. While the statement does not make removal of out-of-date beers mandatory, it could result in fewer old beers on the shelf.

The full declaratory statement can be viewed below. The relevant statute can be found here.

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Alcoholic BeverageAnthony Glover