Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-20 - Beer - Brewers, holders, importers, etc › Section 314-20-070 - Claims for defective keg beer - Replacement of overaged packaged beer - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) In the case
			 of beer in barrels, beer which is not in salable condition due to defective
			 beer or a defective container may be returned by the retailer to the beer
			 distributor for a claim adjustment. The brewer or supplier may make a credit
			 adjustment to the distributor for such claim;
(2) No claim adjustment shall be accepted
			 unless the same shall be made by the retailer within ten days after the defect
			 in the beer or container has been discovered;
(3) All documentary evidence relating to the
			 claim shall be preserved by the retailer, beer distributor, brewer, or beer
			 importer for three years after the date of the claim;
(4) No brewer, beer distributor, or beer
			 importer shall allow, or shall any retailer make claim for adjustment for
			 defective keg beer unless the container or the beer is in fact
			 defective;
(5) In the case of
			 package beer, other than beer in barrels, beer which is not in a salable
			 condition or overaged may be returned by a retail licensee to the beer
			 distributor from whom the beer was purchased, provided it is immediately
			 replaced by the beer distributor with an identical quantity, type and brand of
			 beer. If the brand of beer is not presently in the beer distributor's stock and
			 is not available to the distributor in the immediate future, a cash refund may
			 be made to the retail licensee;
(6)
			 Beer different from that ordered which has been delivered in error to a retail
			 licensee may be returned to a beer distributor and either replaced with that
			 beer which was ordered or a cash refund may be made: Provided, That the error
			 in delivery shall be discovered and corrected within eight days of the date the
			 delivery was made;
(7) Distributors
			 who replace unsalable or overaged packaged beer as provided in subsection (5)
			 of this section, shall maintain complete records of all such transactions, with
			 such records to be readily available for inspection by authorized employees of
			 the board;
(8) Salable or unsalable
			 beer may be returned by a retail licensee or by a governmental agency who has
			 seized the same to the beer distributor selling such beer in the event the
			 retailer goes out of the business of selling beer at retail, and in such case a
			 cash refund may be made upon return of the beer, provided that consent of the
			 board is first had and obtained;
(9) No other adjustment, by way of cash
			 refund or otherwise, shall be made by the beer distributor, brewer or beer
			 importer.
Statutory Authority:
				  RCW
				  66.08.030,
				  15.88.030,
				  19.126.020,
				  66.04.010,
				  66.08.180, 66.16.100,
				  66.20.010,
				  66.20.300,
				  66.20.310,
				  66.24.150,
				  66.24.170,
				  66.24.185,
				  66.24.200,
				  66.24.206,
				  66.24.210,
				  66.24.230,
				  66.24.240,
				  66.24.244,
				  66.24.250,
				  66.24.375,
				  66.24.380,
				  66.24.395,
				  66.24.400,
				  66.24.420,
				  66.24.425,
				  66.24.440,
				  66.24.450,
				  66.24.455,
				  66.24.495,
				  66.24.540, 66.28.010,
				  66.28.040,
				  66.28.050,
				  66.28.170,
				  66.28.180,
				  66.28.190,
				  66.28.200,
				  66.28.310, 66.44.190,
				  66.44.310,
				  66.98.060 and
				  82.08.150. 98-18-097, §
				  314-20-070, filed 9/2/98, effective 10/3/98. Statutory Authority:
				  RCW
				  66.08.030. 93-10-092, § 314-20-070,
				  filed 5/4/93, effective 6/4/93; 92-14-028, § 314-20-070, filed 6/22/92,
				  effective 7/23/92. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-17-022 (Order 109,
				  Resolution No. 118), § 314-20-070, filed 8/9/82; Order 49, §
				  314-20-070, filed 8/26/76, effective 9/26/76; Rule 46, filed
				  6/13/63.