1/30/2012 12:56 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: Alcoholic Beverage Control Board
Regulatory Coordinator: W. Curtis Coleburn III


Agency Contact: W. Curtis Coleburn

Chief Operating Officer


Contact Address: Department of Alcoholic Beverage Control

Post Office Box 27491

Richmond, VA 23261
Chapter Affected:
vac 5 - 40: Requirements for Product Approval
Statutory Authority: State: Title 4.1, Code of Virginia

Date Petition Received 09/12/2011
Petitioner W. R. Moore
 Petitioner's Request
The petitioner has requested that the board allow the use of growlers, reusable containers for the sale of beer, by gourmet shop licensees.  Currently, only persons licensed to sell beer for both on- and off-premises consumption may sell beer in growlers, under the provisions of 3 VAC 5-40-40.
 Agency Plan
Following the public comment period, the board will consider amending 3 VAC 5-40-40 to allow the sale of beer in growlers by gourmet shop licensees.
Publication Date 10/10/2011  (comment period will also begin on this date)
Comment End Date 10/30/2011
 Agency Decision
Initiate a regulatory change
Agency Response Date 01/30/2012
 Agency Decision Text
Growlers are reusable containers used to sell draft beer for off-premises consumption.  They were originally allowed for restaurants with draft beer on tap, with the idea that some craft beers were only available in draft form and not in bottles or cans.  Growlers allow the on- and off-premises retailer to sell draft beers for consumers to take home.  Off-premises retailers do not generally have any reason to have draft beer on tap, since they only sell beer in closed containers for off-premises consumption.  In reviewing the petition, the board determined that one category of off-premises retailer, the gourmet shop, could have a reason to have draft beer on tap, in connection with its sampling privilege.  Therefore, the board has determined that it will initiate a regulatory change to add gourmet shops to those licensees authorized to sell beer in growlers for off-premises consumption.