Is it legal to sell beer past it's "sell by" date?

Discussion in 'Beer Talk' started by SteelCity75, Feb 7, 2013.

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  1. SteelCity75

    SteelCity75 Initiate (0) Jan 14, 2013 Connecticut

    I recently went into our local liquor store (which I had never looked for beer in), just to see what kind of beer selection they had. At first I was expecting only BMC, but was happy to find Sierra Nevada, Samuel Smith and Samuel Adams, among others. I was considering getting a beer there, but then I realized something on a few of the bottles. The Samuel Adams Boston Lager was dusty and said "Drink by Jun 2012". There was also a bottle of Samuel Adams Oktoberfest that said "Drink by Feb 2012" Along with that, all of the Rogue bottles were extremely dusty, although I couldn't see if there was a "drink by" date on them or where to find it.

    Is this legal? They sell Samuel Smith's Organic Chocolate Stout which I've been excited to try but unable to find around me, but now I'm worried that I'll end up getting something that should've been drank months, possibly years ago.
     
  2. emannths

    emannths Initiate (0) Sep 21, 2007 Massachusetts

    Yes.
     
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  3. otispdriftwood

    otispdriftwood Initiate (0) Dec 9, 2011 Colorado

    All I can say is that if it isn't, there's alot of beer criminals out there. I suggest staying away from that store.
    Edit: I just check where you are from. From what I have gleaned from these posts, in your location you may be shit out of luck as far as stores go.
     
  4. Northlax3

    Northlax3 Initiate (0) Aug 19, 2012 New Jersey

    i would assume the sam smiths would last a while. organic and a stout.

    But otherwise, yes it is legal. Unfortunately. They are guidelines, not rules.
     
  5. stonermouse

    stonermouse Pundit (877) Aug 16, 2006 Massachusetts

    Legal, but bad juju.
     
  6. papat444

    papat444 Grand High Pooh-Bah (7,961) Dec 28, 2006 Canada (QC)
    Pooh-Bah

    A recurring theme in many beers stores. I don't think it's illegal but it is wrong.

    That's only been out a few months so i would grab that for sure.
     
  7. TheBeerAlmanac

    TheBeerAlmanac Initiate (0) Mar 3, 2011 Kentucky

    There is a chance it will ferment if you do.
     
  8. Steimie

    Steimie Maven (1,428) Jan 7, 2012 Michigan

    Yes. It's also legal to sell beers prior to their "best after" dates.
     
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  9. Ri0

    Ri0 Initiate (0) Jul 1, 2012 Wisconsin

    Oh yes, just like it is illegal to drive over the speed limit.
     
  10. SteelCity75

    SteelCity75 Initiate (0) Jan 14, 2013 Connecticut

    That is just so extremely lame. I feel bad for anyone that goes in thinking "Hey, I've never had anything but BMC, maybe I'll try something new! I've seen Samuel Adams commercials!" then grabs some of that stuff which could possibly taste terrible now, and be turned off from experimenting with new beers again.
     
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  11. VncentLIFE

    VncentLIFE Initiate (0) Feb 16, 2011 North Carolina

    Then selling aged bottles would be illegal.
     
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  12. OddNotion

    OddNotion Pooh-Bah (1,915) Nov 1, 2009 New Jersey
    Pooh-Bah

    Best by dates are arbitrarily set by the brewer based on their own opinion. The beer may taste worse but it wont make you sick.
     
  13. Steimie

    Steimie Maven (1,428) Jan 7, 2012 Michigan

    6 month old Boston Lager > Fresh Bud Light
     
  14. Ri0

    Ri0 Initiate (0) Jul 1, 2012 Wisconsin

     
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  15. Highbrow

    Highbrow Pooh-Bah (1,770) Jan 7, 2011 California
    Pooh-Bah Trader

    the inverse response:

    is it legal to be dense enough to buy beer past it's sell by date? to me, both questions kinda assume there's something wrong on purpose. also FWIW some people actually like finding certain beers past the suggested date. i believe some lunatics even refer to it as something folks describe as "aged"?
     
  16. bradcochran1234

    bradcochran1234 Initiate (0) Jan 22, 2011 Georgia

    Think of it as you owned a bottle shop or beer store...
    Your selection is huge and you have a ton of beer to choose from. You buy case after case of awesome IPA's and other beer that does not work well with age. With so much selection some of your items get overlooked and you run past the date. Do you just keep taking loss on out of date bottles and throw them in the dumpster out back? Would this loss not eventually catch up with your numbers at the end of the day? Or, should you let it stay on the shelf and let someone purchase it hoping that they don't taste any off flavors and continue to shop at the store?
    This is such a tough topic, especially as a beer manager and we suffer with it everyday. Our distributor who deals with most of our craft selection doesn't check their dates and swap things out. It's pretty much, you buy, you sell it. If it goes out of date, you can sell it and you take a hit.
    Also, just a little side note. These best by dates are subjective. The brewery says this beer taste best before this date. I have tasted old IPA's that are weeks to months past date and while not as good and fresh tasting as before they still taste fine. I have also tasted some that were god awful. To shorten this up a little...Yes, it is legal.
     
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  17. mdomask

    mdomask Initiate (0) May 27, 2012 Illinois

    http://www.fsis.usda.gov/Fact_Sheets/Food_Product_Dating/
    http://www.fda.gov/AboutFDA/Transparency/Basics/ucm210073.htm

    Freshness dating is not federally mandated in any way (except on infant formula) by the FDA. It is a purely voluntary process by the food industry. This would probably fall into ATF jurisdiction, anyhow.

    And the dates on beers are suggestions, too. One day doesn't make a difference on a stout, and we all know that hours matter on Pliny/Heady :wink:

    I place the blame for this squarely on the distribution rep for these brands. They should be working with the shop to ensure fresh product.
     
  18. CyPotter

    CyPotter Initiate (0) Mar 1, 2008 Colorado

    Even great beer shops have this problem. Chucks in Seattle stocks so many bottles/varieties that I frequently find some of my favorites like Boulevard way past their best by date because they are so rarely bought it appears.
     
  19. emannths

    emannths Initiate (0) Sep 21, 2007 Massachusetts

    Ever heard of a clearance sale...?
     
  20. bradcochran1234

    bradcochran1234 Initiate (0) Jan 22, 2011 Georgia

    Assuming you mean Clearance Sale on close dated beer, yes. And then what do you do when it goes out of date. The point is, as a BA, you should know better than to buy out dated beer.
     
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