(a) Uninsured ale, malt liquor, or beer that becomes unfit for public consumption,
as described by Section 103.07(b), may be removed from the inventory of a retailer and destroyed and disposed of if
the holder of the brewer's permit or manufacturer's license who manufactured the beverage
and the wholesaler or distributor who distributed the beverage jointly determine that
(2) should be removed from the inventory of the retailer.
(b) A brewer or manufacturer and a wholesaler or distributor who jointly agree to
the removal of a beverage under Subsection (a) shall jointly provide for the delivery
and replacement of the removed beverage at no cost to the retailer from whose inventory
the beverage is removed. The brewer or manufacturer who manufactured the removed beverage is responsible
for the cost of a replacement beverage provided under this section. The wholesaler or distributor who distributed the removed beverage is responsible
for the cost of delivering a replacement beverage provided under this section.
(c) A retailer from whose inventory a beverage is removed under this section is responsible
for the costs associated with the removal, destruction, and disposal of the removed
(d) The commission by rule shall provide requirements governing the removal, destruction,
and disposal by a retailer of uninsured ale, malt liquor, or beer that is determined
to be unfit for public consumption under this section. Rules adopted under this subsection must include provisions requiring verification
by a retailer from whose inventory a beverage is removed that the beverage has been
removed, destroyed, and disposed of in the manner required by the commission.
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