| 1/30/2012 12:56 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
| Promulgating Board: | Alcoholic Beverage Control Board |
| Regulatory Coordinator: | W. Curtis Coleburn III (804)213-4409 curtis.coleburn@abc.virginia.gov |
| Agency Contact: | W. Curtis Coleburn Chief Operating Officer (804)213-4409 curtis.coleburn@abc.virginia.gov |
| Contact Address: | Department of Alcoholic Beverage Control Post Office Box 27491 Richmond, VA 23261 |
| Chapter Affected: | |
| 3 vac 5 - 40: | Requirements for Product Approval |
| Statutory Authority: |
State: Title 4.1, Code of Virginia Federal: |
| Date Petition Received | 09/12/2011 |
| Petitioner | W. R. Moore |
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 |
Initiate a regulatory change
| Agency Response Date | 01/30/2012 |
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.