SELLING GROWLERS
With the recent order from Governor Cooper mandating that all on-premise sales and consumption of alcoholic beverages cease, we are getting a lot of the same question from our clients; can we still sell growlers for off-premise consumption? Here are the laws and rules regarding the sale of growlers:
A “growler” is defined as a glass, ceramic, plastic, aluminum, or a stainless steel container with a closure or cap with a secure sealing that is no larger than 2 liters.
Holders of an On-Premises Malt Beverage Permit, Off-Premises Malt Beverage Permit, On-Premises Unfortified Wine Permit, Off-Premises Unfortified Wine Permit, Wine Shop Permit, Brewery Permit, or Unfortified Winery Permit can sell growlers.
You cannot sell growlers of mixed beverages, liquor, or fortified wine.
Consumption must be off-premise.
Only holders of commercial permits can do pre-filled growlers, otherwise it must be filled or refilled “on demand.”
Containers that are prefilled with malt beverages must have labels affixed to them with the following information:
(1) brand name of product;
(2) name and address of brewer or bottler;
(3) class of product (e.g., beer, ale, porter, lager, bock, stout, or other brewed or fermented beverage);
(4) net contents;
(5) if the malt beverage is fortified with any stimulants, the amount of each (milligrams) per container; and
(6) the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 C.F.R. Sections 16.20 through 16.22.
Containers that are filled or refilled on demand with malt beverages must have labels or a tag affixed to them with the following information in type not smaller than 3 millimeters in height and not more than 12 characters per inch:
(1) brand name of the product dispensed;
(2) name of brewer or bottler;
(3) class of product (e.g., beer, ale, porter, lager, bock, stout, or other brewed or fermented beverage);
(4) net contents;
(5) if the malt beverage is fortified with any stimulants from the original manufacturer, the amount of each (milligrams) per container;
(6) name and address of business that filled or refilled the growler;
(7) date of fill or refill;
(8) if the malt beverage is more than six percent alcohol by volume, the amount of alcohol by volume pursuant to G.S. 18B-101(9);
(9) the following statement: "This product may be unfiltered and unpasteurized. Keep refrigerated at all times;" and
(10) the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 C.F.R. Sections 16.20 through 16.22.
Containers that are prefilled with unfortified wine must have labels affixed to them with the following information:
(1) brand name of product;
(2) class and type, in conformity with Section .0400 of this Subchapter;
(3) name and address of manufacturer, or bottler, except as otherwise provided in these Rules;
(4) on blends consisting of foreign and domestic wine, if any reference is made to the presence of foreign wine, the exact percentage by volume the foreign wine;
(5) net contents (unless blown or otherwise permanently inscribed in the container); and
(6) the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 C.F.R. Sections 16.20 through 16.22.
*There are exceptions for retailer’s private brand and special rules for imported wines.
Containers that are filled or refilled on demand with unfortified wine must have labels or a tag affixed to them with the following information in type not smaller than 3 millimeters in height and not more than 12 characters per inch:
(1) brand name of the product dispensed;
(2) name of manufacturer or bottler;
(3) class and type of product;
(4) net contents;
(5) name and address of business that filled or refilled the growler;
(6) date of fill or refill; and
(7) the following statement: "This product may be unfiltered and unpasteurized. Keep refrigerated at all times," and
(8) the alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 C.F.R. Sections 16.20 through 16.22.
Growlers can only be filled or refilled by a permittee or a permittee’s employee.
Growlers must be properly cleaned and sanitized prior to filling or a permittee or a permittee’s employee must follow the rules regarding filling/refilling without cleaning/sanitizing.
Growlers must be filled or refilled from the bottom of the growler to the top with a tube that is attached to the malt beverage or unfortified wine faucet and extends to the bottom of the growler or with a commercial filling machine.
When not in use, tubes to fill or refill growlers must be immersed and stored in a container with liquid food grade sanitizer.
After filling or refilling a growler, the growler must be sealed with a closure or cap.
“A delivery of alcoholic beverages in a package that obscures the manufacturer’s original packaging shall have affixed to the outside of the package a notice in 26-point type or larger stating: ‘CONTAINS ALCOHOLIC BEVERAGES; AGE VERIFICATION REQUIRED.’”
If you have an questions involving Craft Beverages, contact Allen Stahl + Kilbourne to discuss your options.
By Derek Allen, Megan Farley, and Carolyn Pearce Small
Updated: March 20, 2020
