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Issue link: http://read.dmtmag.com/i/73253
A WIDE CHOICE OF OPTIONS Not unlike the malt beverages brewed in each state, state growler laws come in a variety of styles. Federal law generally permits the original sale and refi ll of malt beverage products in growlers without providing specifi c restrictions as to size. Among the states, there is some variation as to the size of growlers. Incidentally, the ubiquitous one-half gallon containers appearing in a majority of states are more likely the product of a glass manufacturing mold than specifi c regulatory requirements. In fact, only two of the states expressly make reference to one-half gallon containers as part of their container requirements and the permitted sizes for carry out containers range from two ounces to three gallons. In at least one state, Florida, one-half gallon containers are not permitted (albeit not without protest from the local beer community) as off -premise sales of draft beer may only be made in quart- or gallon-size containers. In addition to size, state requirements vary with respect to closures, labeling, branding and fi lling. Although the requirement that growlers be sealed at the time of fi lling is common among the states, a consensus is lacking as to what constitutes a "seal." Maine has gone as far as to require that growlers be closed with "tamper resistant" seals prior to sale. By contrast, Oregon requires only that growlers be "securely covered" without elaborating any minimum requirements. Many of the states also require that growlers be sanitary prior to fi ll without enumerating specifi c conditions. For labeling and branding, brew pubs and on- premises retailers, where it is permitted to sell growlers, are advised to follow the federal labeling requirements applicable to bottling. In addition, several states have specifi c requirements that require the inclusion of statutory language. Some states prohibit a brew pub from selling its malt beverage product (by original sale or refi ll) in a growler not having that brew pub's branding on it. Finally, in at least one state growlers cannot be fi lled prior to purchase and in several states a brew pub may not sell a malt beverage product not produced by it. www.cheersonline.com A bartender fi lls a growler at Brouwerij Lane in Brooklyn, N.Y. SUBTLE DIFFERENCES In addition to the nuances of each state's laws, there are a few practical matters that every proprietor should consider in selling growlers. Given the lack of factory seals, guests should be made aware that, due to the dissipation of the residual carbon dioxide that will occur once a growler is opened and that a growler should be consumed within a couple of days after it is opened in order to minimize the fl attening of the beer. Beers that are served on nitrogen or cask- conditioned should either not be sold in growlers or with the caveat that they be consumed immediately. With respect to the timing of consumption, it should obviously not take place in a consumer's automobile and, if questioned, a proprietor should be clear that growlers are subject to applicable state open container laws. For the avoidance of any doubt, consumers should be advised to place growlers in locked compartments or trunks when transporting growlers in moving vehicles. Without question, with the recent growth spurt occurring in the craft beer category, we anticipate that there will be greater liberalization of the laws and regulations relating to growlers and more and more restaurants and beer pubs will be able to send their customers home with their favorite beers. based associate with Holland & Knight, whose practice includes representing clients in all three tiers of the alcohol beverage industry. Jason H. Barker is a Portland, Ore.- JULY/AUGUST 2012 | 15 SPECIALKRB/FLICKR