Agency upholds beer quality-control rules

By John Estus
Published: March 22, 2008

Beer distributors argued quality control versus fairness in the marketplace Friday.

In the end, the state Alcoholic Beverage Laws Enforcement Commission voted to keep a rule that permits strong beer manufacturers to tell distributors how to take care of their products.

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"Consumers are still demanding, and they want quality beer. This is a victory for that,” said Brett Robinson, president of the Oklahoma Malt Beverage Association, which represents many state beer distributors.

Three strong beer distributors not represented by Robinson's group had asked the ABLE commission to toss out a rule that allows manufacturers to require that strong beer distributors refrigerate beer at their warehouses and rotate the products and clean keg equipment where the beer is sold.

The ruling doesn't change a law forbidding liquor stores from refrigerating strong beer.

Issue remains divisive
The petitioning distributors argued it shouldn't be their responsibility to take care of the product once it's at retailers. They said their quality-control measures have worked fine for years and that no one has gotten sick because of bad beer.

ABLE Commissioner Rod Stratton boiled the issue down, saying: "Ladies and gentlemen, it's a game of money, isn't it?”

Commissioners voted 5-1 in favor of retaining the rule.

Strong beer has more alcohol in it than low-point beer, which makes up most of the Oklahoma beer market. Distributors need a special license to sell strong beer to retailers.

John Cresap, president of Premium Beers of Oklahoma, said he was pleased with the commission's ruling.

Cresap's company distributes mostly Anheuser Busch products, both low-point and strong beer. The company keeps strong beers in the same refrigerated warehouse as its low-point beer.

The worry from strong beer distributors is that companies such as Premium Beers may have a competitive edge with strong beer manufacturers because it has a refrigerated warehouse.

Letter caused concern
State law requires low-point beer be refrigerated before being sent to retailers, but it doesn't require refrigeration of strong beer.

Some state distributors grew concerned after they received a letter last year from Anheuser Busch that said if they didn't follow certain quality-control guidelines, the manufacturer wouldn't sell them some strong beer brands.

"They made it (quality-control guidelines) a condition of sale, which is contrary to Oklahoma law,” said attorney Danny Shadid, who represents Eagle Brand Beers, one of the distributors that petitioned ABLE.

Distributors who petitioned the commission said the action was about fairness in the marketplace, not quality control.

"We all believe in quality control, we practice quality control every day and we're proud of our quality control,” said J.D. Jarboe, a spokesman for International Beers, one of the distributors that petitioned the ABLE commission. "The point is: I don't want Anheuser Busch telling me how to run my business.”

Commission Chairman Desmond Sides said approving the petition to strike the rule wasn't the right way to deal with the issue because it would have sent a message that ABLE doesn't care about beer quality.

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Well first all about the beer and this story:
All Stella Beer is shipped in a container to New York or Houston warm. It sets in a cool warehouse then goes on a warm truck and the Oklahoma Retailers sells it warm. All less then 3.2 beer is bought to the Beer wholesalers warm. Most are sent out warm and then the gorcey stores sell it warm. Take a look at the displays!
The only monololies are the Bud and Coors and Miller guys!
The Class B wholesalers who sell to the Retailers are not a monopoly!
Fat Tire can not come to Oklahoma:Reason they do not have enough Beer! THis is a FACT!
Last point the less then 3.2% has no law that the beer has to be CHILLED!!
Zeke , oklahoma city - Mar 26, 2008 3:23 PM
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Dummbies, they should just lower their thermostats duhhhhh, lol, Oklahoma gets the idjit of the day award.
Jonbonjovy, Oklahoma City - Mar 22, 2008 9:10 PM
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Another illustration of how bassakwards okla is. I guess we'll keep drink that horse piss because of distribution monopolies.
John, Perry - Mar 22, 2008 2:32 PM
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fat tire is awesome. oklahoma liquor laws are lame.
jay, edmond - Mar 22, 2008 1:00 PM
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if any one has noticed that majority of the liquor stores are small except for a certain few. so it would be a burden to those people to install refrigeration. to me it doesnt matter. alot of people dont know but beer that is 3.2% in alcohol is 1.0% up to 3.2% but no more, on the strong beer as everyone calls point is beer that is 3.2% up to 6.0% but no more. most of your states have these rules. i believe ABLE did the right thing and should not change it for any reason. besides german beer is mainly drank warm and a few europe beers are the same.
robert, cushing - Mar 22, 2008 9:04 AM
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robert, cushing - Mar 22, 2008 9:00 AM
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if any one has noticed that majority of the liquor stores are small except for a certain few. so it would be a burden to those people to install refrigeration. to me it doesnt matter. alot of people dont know but beer that is 3.2% in alcohol is 1.0% up to 3.2% but no more, on the strong beer as everyone calls point is beer that is 3.2% up to 6.0% but no more. most of your states have these rules. i believe ABLE did the right thing and should not change it for any reason. besides german beer is mainly drank warm and a few europe beers are the same.
robert, cushing - Mar 22, 2008 9:00 AM
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i doubt it paul. not unless california tells them to. i don't understand this at all. you can't buy strong beer except in a liquor store, and then it can not be refrigerated. so where is this strong beer being sold?
troy, edmond - Mar 22, 2008 6:31 AM
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Well..guess I've seen it all now.even the beer companies are setting forth guidelines to Oklahoma that the rest of the country is following (and has followed) for years. This state already requires that low point beer be kept cold but not the strong beer? Does anybody ever really thing this state will drag itself out of the dark ages?
paul, yukon - Mar 22, 2008 5:30 AM
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