Laws Regarding The Sale Of "off" Beer

[sinkas]

Hi all,
I was wondeing if there was any general rule as to the legality of selling beer that is past its expiry date, or likewise beer that is actully "off"

I ask as I had a bad experiance at the IBS, here is perth recently, I bought a couple of thier specials, (which by IBS standards means the same price any other place would set rec retai)l, only to find that although they are well within expiry date, the beer had gone off and had a lrge amoundt of floccuant weird slimy stuff in suspension..

I expected better from the IBS, particularly cnosidering thier premium prices, that they would at least advertise the fact that the specials were, not as the brewer intended.

Anyone have any comments?

Case

 

[nonicman]

A very good question, I would assume if it's past it's use by date or had gone off that it's not entirely legal to sell. However I'm not being very helpfull as I wouldn't have a clue regarding this in law.
Your post brought memories of my last Real Ale Pint in England this year, a Bass that was well and truely off, should have been more selective in chosing a better pub. I hope you have complained to the vendor.

 

[Weizguy]

sinkas,

Generally, law states that if goods are not suitable for the purpose for which they were purchased (in a saleable state e.g fit to consume), the customer is entitled to replacement of the goods, but not necessarily a cash refund.

So, if the goods (e.g. beer) was unsuitable to drink, U should get at least a replacement of same, or maybe the same value of other beer. "Value", however, is relative.

Contact the shop and explain your situation. You can't be worse off.

Seth

 

[apd]

I've been served off beer on tap. A polite word to the barman and it was replaced with something from a different keg.

Another occasion, another pub, the same polite word didn't get any results. Barman argued that a few others at the bar had been drinking from the same keg all night and they hadn't complained. There's no accounting for bad taste.

 

[Weizguy]

Prob not worth speaking with Fair Trading, unless U spent heaps.

Have been ignored at a pub when complaining about bad beer. Just left it on the counter and haven't been back. Also, when someone asks about that pub, I always give it a "shellacking" (sic)...

 

[warrenlw63]

Once upon a time there used to be a store in Vic. called Phillip Murphy's. Not to be mistaken with Dan Murphy's.

They used to have a shelf full of imports. On the imported beer would be a nice, metallic sticker... "Another Quality Imported Product". Upon peeling back the sticker it would usually reveal a best-before date that was usually expired several months earlier. <_< They don't trade these days. Wonder why? h34r:

Warren -

 

[Kramer]

I have had bad commercial beer before (still in used by date), it was Gulf Lager and it has happened more than once took it back and exchanged it for something else they were fine about it.

Then if we were too lazy to take it back and had other beer we would leave it in the fridge for the freeloaders, it was funny how they would always bring thier own after that!

 

[Gerard_M]

Just take it back and show the guy its crook, they usually appeciate feedback, good & bad, as it tells them what products travel & taste ok & what craps itself on the boat! FWIW I try to avoid imports for this very reason.
When I was running a pub I had a guy come up to the bar & complain about a bottle of expensive wine he had purchased in our restuarant bar. Without saying a word I opened another bottle & gave it too him. Never seen a guy so pissed off at missing out on an argument!
cheers
Gerard

 

[sinkas]

Hi all,
Thanks for the replies,
I too have returned problem beers in the past, but I guess it frustrates me that the IBS, puported to be beer aficionado's are selling literally cases of this off stuff,
Have emailed them, but no reply yet.

 

[Vlad the Pale Aler]

What was the evil brew? just so I don't get caught too.

 

[sinkas]

Hi all,
Well it seems I was wrong, according to a person at the brewery, abbaye des rocs:
Dear beer lover,
first thank you for the purchase of our beer, when with your problem, which in fact in is not one, because our beers all are fermented in bottles and even out of barrel. the dpot which is in the bottle is completely normal and is with time a little more visible, because we do not use any chemicals, when with the taste, it is normal that it evolves/moves with time, because no conservative is used and that the beer evolves/moves all the time in the bottle
hoping to have convinced to you on our way of making true beer.
Yours sincerely
Levecq Georges
product manager

ps sorry for my English !
-----Message d'origine-----

Objet : Query Montagnarde and Speciale Noel beers


Hello from Australia Brasserie Abbaye Des Rocs,
As an avid beer lover, I recently had the opportunity to purchase your Montagnarde, and Speciale Noel beers, (Best before end 2006). The beers poured with some unpleasant looking flocculant slime/sludge in them which was rather disappointing (much more than the usual yeast sediment). The shop owner claims that "It is actually a well known trait of the beer and is commented on widely in all beer rating circles. It does not effect the flavour profile of the beer", and would not replace the beers or refund the purchase. I have had the pleasure of some of your other beers before, without this problem. Can you tell me if this is normal for these beers or not.

 

[Malnourished]

Hi all,
Well it seems I was wrong, according to a person at the brewery, abbaye des rocs:
Dear beer lover,
first thank you for the purchase of our beer, when with your problem, which in fact in is not one, because our beers all are fermented in bottles and even out of barrel. the dpot which is in the bottle is completely normal and is with time a little more visible, because we do not use any chemicals, when with the taste, it is normal that it evolves/moves with time, because no conservative is used and that the beer evolves/moves all the time in the bottle
hoping to have convinced to you on our way of making true beer.
Yours sincerely
Levecq Georges
product manager

ps sorry for my English !
-----Message d'origine-----

Objet : Query Montagnarde and Speciale Noel beers


Hello from Australia Brasserie Abbaye Des Rocs,
As an avid beer lover, I recently had the opportunity to purchase your Montagnarde, and Speciale Noel beers, (Best before end 2006). The beers poured with some unpleasant looking flocculant slime/sludge in them which was rather disappointing (much more than the usual yeast sediment). The shop owner claims that "It is actually a well known trait of the beer and is commented on widely in all beer rating circles. It does not effect the flavour profile of the beer", and would not replace the beers or refund the purchase. I have had the pleasure of some of your other beers before, without this problem. Can you tell me if this is normal for these beers or not.

[post="90805"][/post]​

Yeah Abbaye des Rocs (now called Brasserie des Rocs) is notorious for this sediment. It's not great looking stuff is it, but the beers are still fricken awesome.

That said, the attitude of some bottle shops (as Warren mentioned) with respect to out-of-date beers is pretty ordinary, though there isn't much a bottle shop can do if they themselves receive beer in dodgy shape. And the BB dates are really arbitrary - they are dictated by food labelling laws in the country of origin generally, not by the brewer or importer. I've found the pasteurised English beers here turn to rubbish well before their BB date, but obviously some beers can go WELL beyond the BB date.

 

[peas_and_corn]

Well, I don't know if the rules are different for beer, but I'll give the rules regarding groceries at ColesMyer...

Now, in supermarkets nothing can be sold beyond its expiry date. This is hard and fast. If someone buys an out of date product and notices, they are entitled to a refund.

Bread- if it's within a week of expiry it must be discounted.

Other goods the rules differ from one to the other.

ps how would things work for Pale Ale re expiry dates?? It only has a best after date!

 

[Malnourished]

Now, in supermarkets nothing can be sold beyond its expiry date. This is hard and fast. If someone buys an out of date product and notices, they are entitled to a refund.

[post="90853"][/post]​

Is there a difference between Best Before and Use By dates? I mean, mouldy bread or meat can make you sick, where stale beer can't (alcohol notwithstanding, obviously)?

 

[peas_and_corn]

From what I gather, use by is printed on expirable stuff like bread, milk, expirable juice (ie not the stuff on the shelf, the stuff in the fridge). Best before is for stuff that does go off, but going over that date doesn't really threaten your healst, it just tastes not as good ie K time bars, chocolate

 

[Malnourished]

From what I gather, use by is printed on expirable stuff like bread, milk, expirable juice (ie not the stuff on the shelf, the stuff in the fridge). Best before is for stuff that does go off, but going over that date doesn't really threaten your healst, it just tastes not as good ie K time bars, chocolate

[post="90864"][/post]​

Yeah, but how does the difference affect laws regarding the sale of such items? ie. Is a store allowed to sell stuff after it passes a Best Before date?

 

[peas_and_corn]

nah, it's the same for best before and use by. passing both classifies both as out of code.

 

[Trev]

Now here's a funny one.

I was in a large bar (Jacksons on George) in Sydney late one Saturday afternoon and my wife and I went in to have just a couple of beers, given that I was driving.

We tried something or other first then I had a Kingfisher. For those that haven't had the displeasure, it's just a megaswill from India, but I hadn't tried it before. This place advertises that they have 100 beers available.

Anyway, I asked for it and 2 glasses so that we could share it. SWMBO is almost as bad as I am!

We drunk it, it was fair but just another light lager and I noticed that the useby date had passed. Well in my mind that doesn't matter too much because the beer is much more affected by storage/light/shock etc than just how old it is.

When the barman came to collect the glasses I just pointed out to him quietly that he ought to let the bar manager know, just to get rotation a bit better.

Well, lo and behold, the next thing I know the manager is there apologising profusly and offering to buy me another beer. He was all worked up and thought I was going to call the booze police (he didn't know that most of us are already on AHB ) I couldn't have the freebie 'cause I was driving :angry:

I told him that there was nothing wrong with the Kingfisher, just that it was out of date. he really was worried, maybe that I bitch about it to Consumer affairs. He was flabagasted that I wouldn't take another beer (I was driving) and kept asking me to come in another time and he'd shout me a beer.

Anyway, I think the morale is that we should all quietly make sure that what we get is served and presented properly, and if it's not then quietly comment to whoever is running the place.

I reckon it's up to us to keep the pressure up. Mind you, everytime I go past a fridge in a bottle shop that has all the decent beers floodlit by fluoro lights I cringe so maybe useby dates are the least of the problem???

Trev

Trev

 

[barls]

i had one the other day where the guy behind the counter at my local bottle shop noticed that it was out of date and wouldnt sell me the beer cause he didnt have any in date of that brand. he must of felt bad cause he gave me a pilsner glass

 

[peas_and_corn]

All this free stuff!!

I don't buy anything from the fridges... that's because I never buy anything smaller than a carton