Class "B," class "C," special class "C," and class "E" retail
alcohol licensees; special class "B" and special class "C" retail native wine
licensees; and a licensee's employees may fill, refill, and sell wine or native
wine in a container other than the original container, otherwise known as a
growler, subject to Iowa Code sections
123.30,
123.31A, and
123.31B and this rule.
(1)
Definitions.
"Growler," for the purposes of this rule,
means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless
steel container designed to hold wine or native wine.
"Native wine," for the purposes of this
rule, means the same as defined in Iowa Code section
123.3(36).
"Original container," for the purposes of
this rule, means a vessel containing wine or native wine that has been lawfully
obtained and has been securely capped, sealed, or corked at the location of
manufacture.
"Wine," for the purposes of this rule, means
the same as defined in Iowa Code section
123.3(53).
(2)
Filling and refilling
conditions.
a. A growler may be
filled or refilled only with wine or native wine from the original container
purchased from a class "A" wine permittee.
b. Special class "B" and special class "C"
retail native wine licensees may fill a growler only with native
wine.
c. A retailer may exchange a
growler to be filled or refilled.
d. The filling or refilling of a growler must
be conducted in compliance with applicable state and federal food safety
statutes and regulations at all times.
(3)
Sealing conditions. A
filled or refilled growler must be securely sealed at the time of the sale by
the licensee or the licensee's employees in the following manner:
a. A growler must bear a cap, lid, stopper,
or plug.
b. A plastic heat shrink
wrap band, strip, or sleeve must 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 does not need a plastic
heat shrink wrap band, strip, or sleeve.
c. The heat shrink wrap seal must 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.
(4)
Additional conditions.
a. A growler filled pursuant to this rule is
not allowed to be delivered or direct-shipped to a consumer.
b. A growler filled pursuant to this rule is
not allowed to be sold or otherwise distributed to a retailer.
c. A licensee or a licensee's employees must
not allow a consumer to fill or refill a growler.
d. The filling, refilling, and selling of a
growler is limited to the hours in which alcoholic beverages may be legally
sold.
e. A filled or refilled
growler must not be sold to any consumer who is under legal age, intoxicated,
or simulating intoxication.
f. An
original container may 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
701-1003.6(123).
(5)
Violations. Failure to follow this rule subjects the licensee
to the penalty provisions provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code sections
123.30,
123.31A, and
123.31B.
