Class "B," class "C," special class "C," and class "E" retail
alcohol licensees and the licensee's employees may fill, refill, and sell beer
in a container other than the original container, otherwise known as a growler,
subject to the requirements and restrictions provided in Iowa Code section
123.31A and this rule.
(1)
Definitions.
"Beer," for the purposes of this rule, means
"beer" as defined in Iowa Code section
123.3(7) and
"high alcoholic content beer" as defined in Iowa Code section 123.3(22).
"Growler," for the purposes of this rule,
means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless
steel container designed to hold beer or high alcoholic content beer.
"Original container," for the purposes of this
rule, means a vessel containing beer that has been lawfully obtained and has
been securely capped, sealed, or corked at the location of manufacture. For
special class "A" beer permit holders, an "original container" includes a tank
used for storing and serving beer.
(2)
Filling and refilling
requirements.
a. A growler shall
have the capacity to hold no more than 72 ounces.
b. A growler shall be filled or refilled only
by the licensee or permittee or the licensee's or permittee's employees who are
18 years of age or older.
c. A
growler shall be filled or refilled only on demand by a consumer at the time of
the sale.
d. A growler shall be
filled or refilled only with beer from the original container procured from a
class "A" beer permittee unless the beer being used to fill or refill a growler
on the premises of a special class "A" beer permit holder was manufactured by
that special class "A" beer permit holder on the permitted premises.
e. A retailer may exchange a growler to be
filled or refilled.
f. The filling
or refilling of a growler shall at all times be conducted in compliance with
applicable state and federal food safety statutes and regulations.
(3)
Sealing
requirements. A filled or refilled growler shall be securely sealed at
the time of the sale by the licensee or permittee or the licensee's or
permittee's employees in the following manner:
a. A growler shall bear a cap, lid, stopper,
or plug.
b. A plastic heat shrink
wrap band, strip, or sleeve shall extend around the cap or lid or over the
stopper or plug to form a seal that must be broken upon the opening of the
growler. A lid permanently affixed with a can seamer shall not require a
plastic heat shrink wrap band, strip, or sleeve.
c. The heat shrink wrap seal shall be so
secure that it is visibly apparent when the seal on a growler has been tampered
with or a sealed growler has otherwise been reopened.
d. A growler shall not be deemed an open
container, subject to the requirements of Iowa Code sections
321.284 and
321.284A, provided the sealed
growler is unopened and the seal has not been tampered with and the contents of
the growler have not been partially removed.
(4)
Restrictions.
a. A growler shall not be filled in advance
of a sale.
b. A growler filled
pursuant to this rule shall not be delivered or direct-shipped to a
consumer.
c. A growler filled
pursuant to this rule shall not be sold or otherwise distributed to a
retailer.
d. A licensee or
permittee or a licensee's or permittee's employees shall not allow a consumer
to fill or refill a growler.
e. The
filling, refilling and selling of a growler shall be limited to the hours in
which alcoholic beverages may be legally sold.
f. A filled or refilled growler shall not be
sold to any consumer who is under legal age, intoxicated, or simulating
intoxication.
g. An original
container shall only be opened on the premises of a class "B" or class "E"
retail alcohol licensee for the limited purposes of filling or refilling a
growler as provided in this rule, or for a tasting in accordance with rule
185-16.7 (123).
(5)
Violations. Failure to comply with the requirements and
restrictions of this rule shall subject the licensee or permittee to the
penalty provisions provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code section
123.31A.
Notes
Iowa Admin. Code
r. 185-4.6
Rescinded IAB 5/15/91,
effective 6/19/91
Adopted by
IAB
February 03, 2016/Volume XXXVIII, Number 16, effective
3/9/2016
Amended by
IAB
October 12, 2016/Volume XXXIX, Number 08, effective
11/16/2016
Amended by
IAB
August 1, 2018/Volume XLI, Number 3, effective
9/5/2018
Amended by
IAB
September 23, 2020/Volume XLIII, Number 7, effective
10/28/2020
Amended by
IAB
September 20, 2023/Volume XLVI, Number 6, effective
10/25/2023
Editorial change: IAC Supplement
11/15/2023
