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Drinking Non-Alcoholic Beer Can Be A Crime?

March 20, 2014 By Jay Brooks

near-beer
There was a news item a few days ago that recently a fifth grade teacher in Michigan offered students non-alcoholic beer — O’Douls — as part of “a lesson on colonial times,” with the intention to “represent ale common in the 1700s and consumed because of the scarcity of clean water.” Sounds harmless enough. No students were forced to try it, but they had the opportunity to sample it if they wished to. What could go wrong?

What the teacher didn’t know is that apparently it’s actually illegal to give a minor in Michigan a non-alcoholic beer. The law was passed back in the 1950s, when people were even nuttier about alcohol than they are today, if that’s possible, but Michigan did pass a law making it illegal for minors to drink non-alcoholic beer. Here’s the entirety of the law:

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.28 Cereal beverage with alcoholic content; furnishing to minors, penalty.

Sec. 28.

Any person who shall sell, give or furnish to a minor, except upon authority of and pursuant to a prescription of a duly licensed physician, any cereal beverage of any alcoholic content under the name of “near beer”, or “brew”, or “bru”, or any other name which is capable of conveying the impression to the purchaser that the beverage has an alcoholic content, shall be guilty of a misdemeanor.

History: Add. 1957, Act 283, Eff. Sept. 27, 1957

How Kafkaesque. The state defines what non-alcoholic means then still makes it illegal even if it’s within their own definition, and if it’s 0.5% or below, Michigan state’s Liquor Control Commission doesn’t even regulate it. So alcohol in cough syrup. No problem. Non-alcoholic wine? Go for it. A cereal beverage? Heavens no. That’s going too far.

And perhaps more curious, the law can be read to suggest that what’s at issue is giving the “impression” that the drink has alcohol in it, not that it really does. Because it seems like you could create a non-alcoholic beer within the legal definition but call it something random, like “Barley Pop” or “Brown Cow” and not be in violation of this law if you gave some to your children. The name seems more important than the alcoholic content. Why would that be the case?

When I was a kid, the only reason near beer existed was for kids. No sane adult would drink it. My first taste of beer was from a can of near beer that my parents bought for me when I expressed interest in trying beer, which was the case for some of my friends, too. It was horrible. I think that may have been the point, I don’t know.

The Flint Journal reports that the school sent letters home to parents after they discovered the “incident” but according to school district Superintendent Ed Koledo. “Nobody complained to the teacher, principal or me,” or to the police, and no disciplinary measures were taken against the teacher. Despite nobody being upset in the least, you’d think a nuclear blast had gone off, the way they talk about it.

“We talked to the teacher and said this was an inappropriate choice,” Koledo said. “There were a lot better choices to represent a colonial-era drink than what was chosen here.”

Really, what would have been a better choice to represent what the vast majority of people drank during the colonial era? And he says “a lot of better choices.” A lot? Really? I can’t wait to see the list.

“I know there was no intent to expose anyone to harm, just poor thought in this situation.”

Seriously, “poor thought?” It’s non-alcoholic beer for chrissakes, and a few kids had a sip of it in a controlled environment, not a back alley clutching a paper bag. And it was a sip. What is a sip? A teaspoon? Half an ounce? Oh, the horror.

Linden schools are drug and alcohol-free zones and Koledo said he did not know if O’Doul’s beer would constitute a violation.

Again, are we really going to split hairs because it has 0.5% alcohol (or less) in it? So is cough medicine allowed on campus? I’m pretty sure caffeine can be considered a drug, so I hope they’re going to remove the coffee maker from the teacher’s lounge. Up until the 1970s, schools in Belgium served students table beer every day.

So how exactly did this end up being a news story?

berliner-kindl

Filed Under: Beers, Editorial, News, Politics & Law Tagged With: Law, Michigan, Prohibitionists

Beer In Ads #1135: Challenge The World

March 19, 2014 By Jay Brooks


Wednesday’s ad is for The Kamm & Schellinger Brewing Co., from Mishawaka, Indiana. It’s from the 1880s, and seems like a very confident ad, what with having a roaring lion straddling the entire Earth and the slogan “Challenge the World.” Since chances are you’ve never heard of them, I think they may not have won that challenge. World 1, Kamm & Schellinger 0.

Kamm-Schellinger

Filed Under: Art & Beer, Beers Tagged With: Advertising, History, Indiana

Beer In Film #78: Megafactories — Heineken

March 19, 2014 By Jay Brooks

brookston-film
Today’s beer video is from the National Geographic channel series Megafactories (a.k.a. Ultimate Factories). This show features one of the breweries making Heineken, and aired in 2011. It was Season 5, Episode 10 in the series.

Filed Under: Beers, Breweries, Just For Fun Tagged With: Documentary, Education, Video

Beer In Ads #1134: It Made A City Famous

March 18, 2014 By Jay Brooks


Tuesday’s ad is for Schlitz, from 1942. Schlitz used that bear in a number of their ads from around that time period. This one is apparently a graduate (of what I don’t know) and possibly majored in geography, as he’s using a pointer to show us the city of Milwaukee, Wisconsin on a globe. After all, Schlitz was “The Beer That Made Milwaukee Famous.”

Schlitz-bear-globe

Filed Under: Art & Beer, Beers Tagged With: Advertising, History, Schlitz

Beer In Film #77: Megafactories — Guinness

March 18, 2014 By Jay Brooks

brookston-film
Today’s beer video is from the National Geographic channel series Megafactories (a.k.a. Ultimate Factories). This show features one of the breweries making Guinness, the one at St. James Gate, it appears, and aired in 2011. It was Season 6, Episode 4 in the series. Even though St. Patrick’s Day was yesterday, I figured even with a hangover, a brewery tour was in order.

Filed Under: Beers, Breweries, Just For Fun Tagged With: Documentary, Education, Video

Beer In Ads #1133: Guinness Mucha

March 17, 2014 By Jay Brooks


Monday’s ad, since it’s St. Patrick’s Day, is for Guinness. This Guinness ad is done in the style of Alphonse Mucha. I have no idea when it was created, but it’s a beautiful ad nonetheless. Happy St. Patrick’s Day.

Guinness-mucha

Filed Under: Art & Beer, Beers Tagged With: Advertising, Guinness, History

For The Next Session, Write About Writing

March 17, 2014 By Jay Brooks

session-the
For our 86th Session, our host is Heather Vandenengel, the Beer Hobo. For her topic, she’s chosen Beer Journalism, in other words using your words to write about writing … beer writing, that is. She writes. “It’s time for a session of navel-gazing: I’d like to turn a critical eye on how the media cover the beer industry. And, for a broad definition, I’ll define media as newspapers, magazines, websites, blogs, TV, books and radio.” Here’s what she’s looking for:

What role do beer writers play in the culture and growth of craft beer? Are we advocates, critics, or storytellers? What stories are not getting told and what ones would you like to never hear about again? What’s your beer media diet? i.e. what publications/blogs/sites do you read to learn about industry? Are all beer journalists subhumans? Is beer journalism a tepid affair and/or a moribund endeavor? And if so, what can be done about it?

In the spirit of tipping the hat when someone gets it right, please also share a piece of beer writing or media you love–it doesn’t have to be recent, and it could be an article, podcast, video, book or ebook–and explain a bit about what makes it great. I’ll include links to those articles as well in my roundup for easy access reading.

BEERology-word-wall

Here’s her instructions for participating:

  1. Write a blog and post it on or by Friday, April 4.
  2. Leave a comment [t]here with a link to your post.
  3. Check back on Monday, April 7 for a roundup of all the blog posts.

beer-allocation-3000-3100-BCE
Some of the earliest writing about beer, c. 3000-3100 BCE.

Filed Under: Beers, Just For Fun, News, Related Pleasures, The Session Tagged With: Announcements, Mainstream Coverage, Media, Writing

Beer In Film #76: The History of Saint Patrick

March 17, 2014 By Jay Brooks

brookston-film
Today’s beer video is a short History of Saint Patrick, which gives an interesting historical perspective on the patron saint of Ireland on the day that people drink lots of Guinness, St. Patrick’s Day.

Filed Under: Just For Fun, Related Pleasures Tagged With: Documentary, Education, History, Holidays, Religion & Beer, Video

Craft Beer Growth Continues Rapid Acceleration In 2013

March 17, 2014 By Jay Brooks

ba
The Brewers Association today released the preliminary numbers for beer sales last year. I thought last years numbers were great, but the 2013 numbers look unbelievable, and accelerate the momentum for craft beer. The preliminary numbers indicate that “craft brewers saw an 18 percent rise in volume, representing a total of 15.6 million barrels, and a 20 percent increase in retail dollar value.”

Here’s more on the news, from the press release:

In 2013, craft brewers reached 7.8 percent volume of the total U.S. beer market, up from 6.5 percent the previous year. Additionally, craft dollar share of the total U.S. beer market reached 14.3 percent in 2013, as retail dollar value from craft brewers was estimated at $14.3 billion, up from $11.9 billion in 2012.

As for the runaway brewery count, the number of breweries races closer to 3,000.

The number of operating breweries in the U.S. in 2013 totaled 2,822, with 2,768 of those considered craft, demonstrating that craft breweries make up 98 percent of all U.S. operating breweries. This count includes 413 new brewery openings and 44 closings. Combined with already existing and established breweries and brewpubs, craft brewers provided 110,273 jobs, an increase of almost 2,000 from the previous year.

And here’s all of that good news, fermented into a colorful infographic.

craft-beer-growth-2013

Filed Under: Breweries, News Tagged With: Brewers Association, Infographics, Statistics, United States

Beer In Ads #1132: La Bitacora

March 16, 2014 By Jay Brooks


Sunday’s ad is for La Bitacora, a Spanish beer (I believe) since it reads Barcelona at the bottom right. The top translates as, essentially, brewers of ale. But since Google Translate turns La Bitácora into “the blog,” so maybe it’s not really an old ad after all. But it certainly looks like one.

La-Bitacora

Filed Under: Art & Beer, Beers Tagged With: Advertising, History, Spain

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