Brewers Association

Growler Laws

Disclaimer

While this database has undergone several edits, it should not be considered the final word on growler laws across the country. In no way should this be interpreted as legal advice. Instead, it should be an additional resource in your own unique research. All materials have been prepared for general information purposes only to permit the reader to learn more about craft beer legal issues. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Always seek the advice of a competent attorney on any legal or contractual matter.

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Learn more about the TTB's policy with respect to "growlers"


Alabama

Title 28, Chapter 3A

Growlers permitted under manufacturer license: No
Growlers permitted under brewpub license: No
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- In Alabama, a "growler" is interpreted as draft beer, not as a container nor as a keg.

Code of Ala. § 28-3-1 (7) Container. The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public.

Alaska

Title 4, Chapter 11, Article 2

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Arizona

Title 4, Chapter 2, Article 3

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- Growlers are defined by TTB's standard.

Arkansas

Title 3, Chapter 5, Subchapter 14

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No

California

Business & Professions Code, Division 9, Chapter 3, Article 3

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No*
Specific "growler" language in statute: No
- Cal Bus & Prof Code § 23028. "Package" means any container or receptacle used for holding alcoholic beverages which is corked or sealed with a stub, stopper, cap, or in any other manner.

Colorado

Title 12, General - Continued, Article 47, Part 4

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- C.R.S. 12-47-103 (33) "Sealed containers" means any container or receptacle used for holding an alcohol beverage, which container or receptacle is corked or sealed with any stub, stopper, or cap.

Connecticut

Title 30, Chapter 545, Part IV

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- No given definition of "container" or "bottle."

Delaware

Title 4, Chapter 5, Subchapter II

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- 4 Del. C. § 516 " . . . growler filler permit which allows a licensee to purchase beer by the keg or partial keg and fill containers at time of purchase which will then be capped to leave the licensed premises for consumption off of the premises."

District of Columbia

Division 5, Title 25, Chapter 1, Subchapter II

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- D.C. Code § 25-101. (24B) "Growler" means a reusable container that is capable of holding up to 64 fluid ounces of beer and is designed to be filled and sealed on premises for consumption off premises."

Florida

Title 34, Chapter 563

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: No
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Georgia

Title 3, Chapter 5, Article 2

Growlers permitted under manufacturer license: No
Growlers permitted under brewpub license: No
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- Growlers are permitted by municipality. Growlers explicitly allowed in Peachtree City, Kennesaw, Fayetteville, Johns Creek, Sandy Springs, Snellville, Stockbridge, Conyers, Duluth, Alpharetta, Fairburn, Forsyth, Milton, Sandy Springs. Growlers are only allowed for certain types of non-brewpub and non-brewery retail licenses (i.e. retailers that don't sell liquor).

Growlers allowing Peachtree City, per Georgia Code of Ordinances Sec. 6-55. Growler Sampling Permit: (a) A growler sampling permit for purposes of this section shall be limited to a person possessing a current license from the city for the sale of malt beverages by the package and a valid current malt beverage license from the state. (b) No growler sampling shall be conducted on the premises of any place of business licensed to sell distilled spirits in the unbroken container. Any growler sampling occurring on the premises shall meet the requirements set forth in subsection (g) below. . . . (g) Growler sampling permits shall be limited to growler retailers who obtain a permit from the city and who execute samplings pursuant to the following restrictions: (1) Samples shall be provided on limited occasions when a customer requests and purchases a sample of a malt beverage offered for sale in a growler on the premises or in conjunction with a presentation designed to promote malt beverage appreciation or education, or a promotion sponsored by the permittee. (2) No customer shall receive via samples more than eight ounces of specialty malt beverages from any licensee per day, and the licensee shall not serve any individual sample that exceeds two ounces. (3) Samples are restricted to malt beverages dispensed from a tap and sold in growler form. No samples of bottled beer shall be provided. (4) Only the licensee or an agent thereof shall open, handle, and serve opened packages, growlers, or kegs, and individual samples shall only be poured by the licensee or an employee thereof. (5) Customers shall not remove opened packages or unsealed growlers from the premises. (6) The holder of a growler sampling permit may conduct educational classes and sampling classes for class participants. Such events shall be limited to no more than twice per week and shall not exceed two consecutive hours in length. All conditions of sampling set forth herein shall apply to such classes. (7) Growler sampling permittees are prohibited from selling distilled spirits, vehicular fuel. No growler sampling permit shall be granted to any retail consumption licensee . . .

See also Kennesaw, Georgia Code of Ordinances § Sec. 6-111 Sale and refilling of growlers. (a) The sale and refilling of growlers in compliance with this chapter is authorized for establishments holding a growler license issued pursuant to section 6-52(h) of this Code. . . . ( c) Growlers may only be filled from kegs or containers procured by the licensee from a duly licensed wholesaler. (d) Growlers may only be filled with a malt beverage, craft beer, or hard cider. € Only growlers that are properly sanitized may be filled and made available for retail sale. It shall be the responsibility of the entity filling the growler to sanitize such growler prior to filling it. (f) Each growler must be securely sealed and removed from the premises in its original sealed condition. Each growler shall bear a twist-type closure, cork, stopper, or plug. At the time of the sale and/or refilling, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extend over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the business filling the growler. The containers or bottles shall be identified as a malt beverage or craft beer, contain the name of the malt beverage or craft beer, and bear the name, address and telephone number of the business selling the malt beverage or craft beer. (g) Each growler filled with a malt beverage or craft beer must contain the following warning label: "GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a care or operate machinery, and may cause health problems . . .

Hawaii

Division 1, Title 16, Chapter 281, Part III

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: Yes
- HRS § 281-31 (n) (5) May sell malt beverages manufactured on the licensee's premises to consumers in brewery-sealed kegs and growlers for off-premises consumption; provided that for purposes of this paragraph, "growler" means a glass container, not to exceed one half-gallon, which shall be securely sealed. See also HRS § 281-31 (n) (6) containing broader language within the Brewpub law: May sell malt beverages manufactured on the licensee's premises in recyclable containers provided by the licensee or by the consumer which do not exceed one gallon per container and are securely sealed on the licensee's premises to consumers for off-premises consumption.

Idaho

Title 23, Chapter 10

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- Growlers are currently viewed as a bottle within Idaho Code § 23-1030, however "bottle" holds no definition within the statues.

Illinois

Chapter 235, Liquor Control Act of 1934, Article V

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: Yes
- Growlers are issued by municipality and are permitted in Plainfield, Mundelein, Grayslake counties.

Sec. 1-3.06. "Original package" means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.

Indiana

Title 7.1, Article 3, Chapter 2

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- Container. Burns Ind. Code Ann. § 7.1-1-3-13. The term "container" means a receptacle in which an alcoholic beverage is immediately contained and with which the alcoholic beverage contained in it is in immediate contact.

Iowa

Title IV, Subtitle 1, Chapter 123

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- Iowa Code Ann. § 123.3 31. "Package" means any container or receptacle used for holding alcoholic liquor. However, the statutes use "container" interchangeably and without an established definition.

Kansas

Chapter 41, Article 3

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- K.S.A. § 41-102 (t) "Original package" means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve.

Kentucky

Title XX, Chapter 243

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- KRS § 241.010 (44) "Retail container" means any bottle, can, barrel, or other container which, without a separable intermediate container, holds alcoholic beverages and is suitable and destined for sale to a retail outlet, whether it is suitable for delivery to the consumer or not; (45) "Retail outlet" means retailer, hotel, motel, restaurant, railroad dining car, club, and any facility where alcoholic beverages are sold directly to the consumers;

Louisiana

Title 26, Chapter 2, Part 2

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Maine

Title 28-A, Part 3, Subpart 2, Chapter 45

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No

Maryland

Article 2B, Title 2, Subtitle 2

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- Md. Ann. Code art. 2B, § 2-209. 2. Consumption of beer off the licensed farm if the beer is packaged in sealed or resealable containers, such as growlers;

Massachusetts

Chapter 138

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Michigan

Chapter 436 Alcoholic Beverages. Public Act 101 of 2013; 2013 Mi. SB 27

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- MCLS § 436.1537 (11)(b) "Growler" means any clean, refillable, resealable container that is exclusively intended, and used only, for the sale of beer for consumption off the premises and that has a liquid capacity that does not exceed 1 gallon.

Minnesota

Police regulations, Chapter 340A, Manufacturers, Wholesalers, Importers

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: Yes
- The malt liquor shall be packed in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. Minn. Stat. § 340A.301

Mississippi

Title 67, Chapter 3

Growlers permitted under manufacturer license: No
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Missouri

Title 20, Chapter 311

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes*
Specific "growler" language in statute: No

Montana

Title 16, Chapter 3, Part 3

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- 16-1-106, MCA (11) "Growler" means any refillable, resealable container complying with federal law.

Nebraska

Chapter 53, Article 1

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- R.R.S. Neb. § 53-103.27. Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or container used, corked or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.

Nevada

Title 32, Chapter 369

Growlers permitted under manufacturer license: No*
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- Nev. Rev. Stat. Ann. § 369.050. "Original package" defined. As used in this chapter, "original package" means any container or receptacle first used for holding liquor, which container or receptacle is sealed.

New Hampshire

Title XIII, Chapter 178

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No

New Jersey

Title 33, Chapter 1

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- N.J. Stat. § 33:1-1 e. "Container." Any glass, can, bottle, vessel or receptacle of any material whatsoever used for holding alcoholic beverages, which container is covered, corked or sealed in any manner whatsoever. See also N.J. Stat. § 33:1-1 q. "Original container." Any container in which an alcoholic beverage has been delivered to a retail licensee.

New Mexico

Chapter 60, Article 6A

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: No
Growlers permitted under retailer license: No
Specific "growler" language in statute: No

New York

Alcohol Beverage Control Law, Article 4

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

North Carolina

Chapter 18B, Article 11

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- 04 NCAC 02T .0308 GROWLERS. (a) As used in this Rule, a growler is a refillable rigid glass, plastic, aluminum or stainless steel container with a flip-top or screw-on lid that is no larger than 2 liters (0.5283 gallons) into which a malt beverage is prefilled, filled or refilled for off-premises consumption. (b) Holders of only a brewery permit may sell, deliver and ship growlers prefilled with the brewery's malt beverage for off-premises consumption provided a label is affixed to the growler that accurately provides the information as required by Rules .0303(a) and .0305 of this Section. (c) Holders of retail permits pursuant to G.S. 18B-1001(1), (2) or (16), who do not hold a brewery permit, shall not prefill growlers with malt beverage. (d) Holders of a brewery permit that also have retail permits pursuant to G.S. 18B-1001(1), may fill or refill growlers on demand with the brewery's malt beverage for off-premises consumption provided the label as required by Rules .0303(b) and .0305 of this Section is affixed to the growler. (e) Holders of retail permits pursuant to G.S. 18B-1001(1), (2) or (16), may fill or refill growlers on demand with draft malt beverage for off-premises consumption provided the label as required by Rules .0303(b) and .0305 of this Section is affixed to the growler. (f) Holders of retail permits pursuant to G.S. 18B-1001(1), (2) or (16), shall affix a label as required by Rules .0303(b) and .0305 of this Section to the growler when filling or refilling a growler. (g) Holders of retail permits pursuant to G.S. 18B-1001(1), (2) or (16), may, in their discretion, refuse to fill or refill a growler, except in matters of discrimination pursuant to G.S. 18B-305(c).

North Dakota

Title 5, Chapter 5-01

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- N.D. Cent. Code, § 5-01-01. 4. "Bottle or can" means any container, regardless of the material from which made, having a capacity less than a bulk container for use for the sale of malt beverages at retail.

Ohio

Title 43, Chapter 4303

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- (6) "Sealed container" means any container having a capacity of not more than one hundred twenty-eight fluid ounces, the opening of which is closed to prevent the entrance of air. ORC Ann. 4301.01

Oklahoma

Title 37, Chapter 3

Growlers permitted under manufacturer license: No
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- 37 Okl. St. § 506. 26. "Original package" means any container of alcoholic beverage filled and stamped or sealed by the manufacturer; 37 Okl. St. § 584. Refilling container with certain substances prohibited. No holder of a mixed beverage, beer and wine, caterer, special event, or airline/railroad beverage license shall refill with any substance a container which contained any alcoholic beverage on which the tax levied by Section 553 of this title has been paid. "Retail container" applies to spirits and wines: 37 Okl. St. § 506 33. "Retail container for spirits and wines" means an original package of any capacity approved by the United States Bureau of Alcohol, Tobacco and Firearms.

Growlers are limited to 3.2% ABV. Note: Beer must be at room temperature when sold from a packing store. Also, any beer over 3.2% is considered "Strong Beer" and not "low-point beer"

Oregon

Title 37, Chapter 471

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- Official growler clarification: http://www.oregon.gov/olcc/docs/publications/growlers.pdf. On June 26, 2013, the Governor signed Senate Bill 795 into law. Senate Bill 795 amended ORS 471.190 to allow the holder of a Temporary Sales License to sell wine, malt beverages, and cider in both factory-sealed containers and securely-covered containers provided by the consumer, also known as growlers, provided that the grower does not hold more than two gallons of liquid. Senate Bill 795 contains an emergency clause making it effective upon passage. https://olis.leg.state.or.us/liz/2013R1/Measures/Text/SB795/Enrolled

Pennsylvania

Title 47, Chapter 4, Article IV

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- "CONTAINER" shall mean and include any receptacle, vessel or form of package, tank, vat, cask, barrel, drum, keg, can, bottle or conduit used or capable of use for holding, storing, transferring or shipment of alcohol, liquor or malt or brewed beverages. 47 P.S. § 1-102. See also "ORIGINAL CONTAINER" shall mean all bottles, casks, kegs or other suitable containers that have been securely capped, sealed or corked by the manufacturer of malt or brewed beverages at the place of manufacture, with the name and address of the manufacturer of the malt or brewed beverages contained or to be contained therein permanently affixed to the bottle, cask, keg or other container, or in the case of a bottle or can, to the cap or cork used in sealing the same or to a label securely affixed to a bottle or can. See also "PACKAGE" shall mean any container or containers or receptacle or receptacles used for holding liquor or alcohol as marketed by the manufacturer. See also 47 P.S. § 4-440. Sales by manufacturers of malt or brewed beverages; minimum quantities. A manufacturer may sell malt or brewed beverages produced and owned by the manufacturer to individuals on the licensed premises for consumption on the licensed premises where sold only if it complies with the conditions and regulations placed upon holders of brewery licenses under section 446(a)(1). A manufacturer also may sell any malt or brewed beverages produced and owned by the manufacturer to individuals on the licensed premises for consumption off the licensed premises in containers or packages of unlimited quantity and of any volume. No manufacturer may maintain or operate within the Commonwealth any place or places other than the place or places covered by his or its license where malt or brewed beverages are sold or where orders are taken.

Rhode Island

Title 3, Chapter 6

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: Yes
- A brewpub may sell at retail alcoholic beverages produced on the premises by the half-gallon bottle known as a "growler" to consumers for off the premises consumption to be sold pursuant to the laws governing retail Class A establishments. R.I. Gen. Laws § 3-6-1.2

South Carolina

Title 61, Chapter 4

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

South Dakota

Title 35, Chapter 35

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- (12) "Off-sale," the sale of any alcoholic beverage, for consumption off the premises where sold; see also S.D. Codified Laws § 35-1-1 (15) "Package," the bottle or immediate container of any alcoholic beverage; (16) "Package dealer," any person other than a distiller, manufacturer, or wholesaler, who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold;

Tennessee

Title 57, Chapter 3, Part 2

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Texas

Alcohol Beverage Code, Title 3

Growlers permitted under manufacturer license: No
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- 16 TAC § 45.71 (4) Container--Any can, bottle, barrel, keg, or other closed receptacle, irrespective of size or of the material from which made, for use for the sale of malt beverages at retail. This provision does not in any way relax or modify § 1.04(18) of the Alcoholic Beverage Code. SEE ALSO Tex. Alco. Bev. Code § 1.04 (18) "Original package," as applied to beer, means a container holding beer in bulk, or any box, crate, carton, or other device used in packing beer that is contained in bottles or other containers.

Utah

Title 32B, Chapter 11, Part 5

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: No
Specific "growler" language in statute: No
- Utah Code Ann. § 32B-1-102 (23) "Container" means a receptacle that contains an alcoholic product, including: (a) a bottle; (b) a vessel; or (c) a similar item. (32) (a) Subject to Subsection (32)(b), "dispense" means: (i) drawing of an alcoholic product: (A) from an area where it is stored; or (B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and (ii) using the alcoholic product described in Subsection (32)(a)(i) on the premises of the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. (b) The definition of "dispense" in this Subsection (32) applies only to: (i) a full-service restaurant license; (ii) a limited-service restaurant license; (iii) a reception center license; and (iv) a beer-only restaurant license. Utah Code Ann. § 32B-1-102 (45) (a) "Heavy beer" means a product that: (i) contains more than 4% alcohol by volume; and (ii) is obtained by fermentation, infusion, or decoction of malted grain. (b) "Heavy beer" is considered liquor for the purposes of this title.

Vermont

Title Seven, Chapter 9

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

Virginia

Title 4.1, Chapter 2, Article 2

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- "Container" means any barrel, bottle, carton, keg, vessel or other receptacle used for holding alcoholic beverages.

Washington

Title 66, Chapter 66.24

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No

West Virginia

Chapter 11, Article 16

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: Yes
- (7) "Growler" means a glass ceramic or metal container or jug, capable of being securely sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale. W. Va. Code § 11-16-3. See also: (8) "Nonintoxicating beer" means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. The word "liquor" as used in chapter sixty of this code does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition. W. Va. Code § 11-16-3. Also: (11) "Nonintoxicating craft beer" means any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than one half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.

Wisconsin

Regulation of Trade, Chapter 125

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No
- "Original containers" is the statutory term used, but is not defined within the statute.

Wyoming

Title 12, Chapter 4, Article 4

Growlers permitted under manufacturer license: Yes
Growlers permitted under brewpub license: Yes*
Growlers permitted under retailer license: Yes
Specific "growler" language in statute: No


TTB's policy with respect to "growlers":

What are the concerns for filling a "growler?"

  • A growler is either a bottle or a large glass. The distinction is solely dependent on the manner in which the brewer fills the container.
  • When is a growler a "bottle?"
  • A growler is a bottle when the brewer fills the container in advance of sale. The brewer may fill the growler prior to removal, on the brewery premises, or after tax determination on the brewpub premises.
  • When is a growler a "large glass?"
  • A growler is a large glass when a consumer uses the container to make a purchase and the brewer then fills the container. Consumers may furnish their own growler or may purchase it from the brewer.

When is tax determined on beer used to fill growlers?
There are two conditions for tax determination (please refer to §§25.25(c), 25.157, and 25.158).

  • If the brewer fills a "bottle" on the brewery premises, the tax is determined upon removal for consumption or sale. Since the growler is a bottle, tax is determined on the stated net contents.
  • If the brewer fills a "glass" on the brewpub premises, the brewer must fill it from a tank that is tax determined.

What are the labeling requirements for growlers?
When you are required to label your growler you should note that the label must contrast with the background. If you silkscreen your containers, the ink colors must contrast with the filled containers.

What are the requirements for the government warning label?
The Alcoholic Beverage Labeling Act (ABLA) of 1998 applies to sealed containers the brewer offers for sale to consumers. The ABLA does not apply to glasses or containers a brewer uses to serve beer at the brewpub. These containers do not meet the definition for a sealed container in which an alcohol beverage is offered for sale to the public.

However, the law applies to any keg or serving tank from which the brewer dispenses beer to containers. The brewer must apply a government warning label to the keg or tank. The brewer must comply with 27 CFR Part 16 regardless of whether the public has view of the keg or tank.

The statement must comply with these conditions.

  • It must be legible under ordinary conditions, and on a contrasting background.
  • The words "GOVERNMENT WARNING" must be in capital letters and bold type. The rest of the statement may not appear in bold type.
  • The maximum number of characters per inch of the warning statement is 25. All characters, including both upper and lower case, must be a minimum 2 millimeters in size.

What are the requirements for growlers that are "glasses?"
When the brewer fills a growler at the tap at the brewpub, and not in advance of sale, we consider the growler as a large glass sold at retail. These growlers are not subject to Federal labeling requirements. Some States consider this bottling activity and regulate accordingly. Brewers should check with State authorities.

What are the requirements for growlers that are "bottles?"
When the brewer fills on the brewery premises or on the brewpub in advance of sale, the growler is a bottle subject to labeling requirements of 27 CFR Part 16 and 27 CFR Part 25. In some States the requirements of 27 CFR Part 7 also apply.

Since growlers may be considered bottles we recommend that brewers silkscreen or label their growlers with all of the mandatory label information to avoid potential problems with growlers the brewer might subsequently refill under conditions that we would consider bottling. (See § 25.142 and 27 CFR Part 16.)

What is the mandatory label information?
You must label your beer with this information:

  • Brewer name or trade name
  • Place of production - the place of production is the city, and, if necessary for identification, the state. The place of production must appear in direct conjunction with your name or trade name. If you operate more than one brewery you must choose one of these options:
  • Show all brewery locations on the label
  • Show the place of production on the label
  • Show your principal place of business on the label
  • In the event that you select to show all your locations or your principal place of business, rather than the place of production, you must also mark your label with a code to show which location actually produces the beer.
  • Net contents - show net contents as ½ gallon. You may use "64 ounces" in addition to but not in place of "½ gallon."
  • Do not make a statement as to payment of internal revenue taxes.
  • Government warning label - use the guidelines above (see 27 CFR Part 16).