04 NCAC 02T .0308. GROWLERS

(a)  As used in this Rule, a "growler" is a refillable rigid glass, ceramic, 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 who 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).

 

History Note:        Authority G.S. 18B-100; 18B-206(a); 18B-207; 18B-305; 18B-1001(1); 18B-1001(2); 18B-1001(16);

Eff. April 1, 2011;

Temporary Amendment Eff. October 25, 2013;

Amended Eff. September 1, 2014.