Final Text
3VAC5-40-10. Spirits; labels, definitions and standards of identity.
Spirits sold in the Commonwealth shall conform with
regulations adopted by the appropriate federal agency, relating to labels,
definitions and, standards of identity, and standards of fill.
In addition, the prior approval of the board must be obtained as to the
spirits, containers and labels. Applicants shall furnish the board a certified
copy of the approval of the label by such federal agency.
Subsequent sales under an approved label shall conform to the analysis of the spirits originally approved by the board, and be packaged in approved types and sizes of containers.
3VAC5-40-20. Wines Wine and beer; qualifying
procedures; disqualifying factors; samples; exceptions.
A. Except as provided in subsection F of this section, all wines
wine and beer sold in the Commonwealth shall be first approved by the
board as to content, container, and label.
1. An application acceptable to the board or on a form
prescribed by the board describing the merchandise shall be submitted for each
new brand and type of wine offered for sale in the Commonwealth. A registration
fee in such amounts as may be established by the board shall be included with
each application.
2. 1. All wine and beer sold in this
Commonwealth shall conform with regulations adopted by the appropriate federal
agency, relating to labels, definitions and standards of identity. An
application acceptable to the board or on a form prescribed by the board
describing the merchandise shall be submitted for each new brand and type of
wine or beer offered for sale in the Commonwealth. Applicants shall submit
a certified copy of the approval of the label by such federal agency. A
registration fee in such amount as may be established by the board shall be
included with each application.
2. A gift package containing wine or beer for which label approval has been granted may be sold without additional approval by the board.
B. While not limited thereto, the board shall withhold approval of any wine if the alcoholic content exceeds 21% by volume.
C. While not limited thereto, the board may withhold approval of any label:
1. Which implies or indicates that the product contains spirits;
2. Which contains the word "fortified" or implies that the contents contain spirits, except that the composition and alcoholic content may be shown if required by regulations of an appropriate federal agency;
3. Which contains any obscene subject matter or
illustration of a lewd, obscene or indecent nature;
4. Which contains subject matter designed to induce minors to drink, or is suggestive of the intoxicating effect of wine or beer;
5. Which contains any design or statement which is likely to
mislead the consumer.;
6. Which implies or indicates that the product is government (federal, state, or local) endorsed; or
7. Which implies the product enhances athletic prowess or includes any reference to any athlete, former athlete, or athletic team except that references to athletes or athletic teams shall be allowed to the extent such references are permitted in point-of-sale advertising pursuant to 3VAC5-20-10.
D. A person holding a license as a winery, farm winery, brewery, or a wine or beer wholesaler shall upon request furnish the board without compensation a reasonable quantity of such brand sold by him for chemical analysis.
E. Any wine whose content, label or container does not
comply with all requirements of this section shall be exempt therefrom provided
that such wine was sold at retail in this Commonwealth as of December 1, 1960,
and remains the same in content, label and container. Any wine or beer
sold only by direct shipment to consumers by holders of wine or beer
shippers' licenses shall be approved upon compliance with subdivision A 2
1 of this section.
F. If the board has not approved a wine or beer for sale within 30 days after receipt by the board of a complete application and registration fee, the wine or beer may be sold in the Commonwealth pending a decision from the board on the application. If the application for approval is rejected, the manufacturer or importer shall discontinue sales of the rejected product upon notice from the board. Any wholesale or retail licensee may continue sales until any inventory on hand at the time of notice from the board is depleted.
3VAC5-40-30. Wine and beer containers; sizes and types; on-premises and off-premises limitations; cooler-dispensers; novel containers; carafes and decanters.
A. Wine may be sold at retail only in or from the original
containers of the sizes of 1.7 ounces (50 ml. if in a metric-sized package) or
above which have been approved by the appropriate federal agency and
beer may be sold at retail only in or from the original containers of the sizes
that have been approved by the appropriate federal agency, except that farm
winery licensees may conduct barrel tastings at the winery, at which samples of
wine not yet bottled may be sold to visitors to the winery. Each farm winery
conducting a barrel tasting shall measure the wine withdrawn for the tasting,
maintain full and complete records, and remit the taxes imposed by
ยง 4.1-234 of the Code of Virginia.
B. Wine sold for on-premises consumption shall not be removed
from the licensed premises except in the original container with closure. Beer
dispensed for on-premises consumption shall not be removed from authorized
areas upon the premises. No wine or beer shall be sold for off-premises
consumption in any container upon which the original closure has been broken,
except for a growler. A "growler" is defined as a reusable glass,
ceramic, or metal container having a capacity of not more than 64 fluid ounces
[ (or two liters if a metric-sized container) ] that has a
resealable closure [ and is labeled with (i) the manufacturer's
name or trade name; (ii) the place of production; (iii) the net contents in
fluid ounces; and (iv) if sold by a retailer other than the manufacturer, the
name and address of the retailer ]. Growlers may only be used
by persons licensed to sell beer or wine for both on-premises and off-premises
consumption, or by gourmet shop licensees. [ Growlers sold by
gourmet shop licensees must be labeled with (i) the manufacturer's name or
trade name; (ii) the place of production; (iii) the net contents in fluid
ounces; and (iv) the name and address of the retailer. ]
C. Wine shall not be sold for off-premises consumption in
any container upon which the original closure has been broken.
D. The sale of wine from cooler-dispensers is prohibited
unless the device is designed so that the original container becomes a part of
the equipment, except that frozen drink dispensers or containers used in
automatic dispensing may be used if approved by the board.
E. C. Novel or unusual containers are prohibited
except upon special permit issued by the board. In determining whether a
container is novel or unusual, the board may consider, but is not limited to,
the following factors: (i) nature and composition of the container; (ii) length
of time it has been employed for the purpose; (iii) the extent to which it is
designed or suitable for those uses; (iv) the extent to which the container is
a humorous representation; and (v) whether the container is dutiable for any
other purpose under customs laws and regulations.
F. D. Wine may be served for on-premises
consumption in carafes or decanters not exceeding 52 fluid ounces (1.5 liters)
in capacity. Beer may be served for on-premises consumption in pitchers not
exceeding [ 64 80 ] fluid ounces in
capacity.
3VAC5-40-40. Beer containers; sizes; off- and on-premises
limitations; novel containers; opening devices. (Repealed.)
A. Beer may be sold at retail only in or from the original containers
of the sizes which have been approved by the appropriate federal agency.
B. No beer shall be sold by licensees for off-premises
consumption in any container upon which the original closure has been broken,
except for a growler or reusable container that is federally approved to hold a
malt beverage, has a resealable closure and is properly labeled. Growlers may
only be used by persons licensed to sell beer for both on- and off-premises
consumption. Further, licensees shall not allow beer dispensed for on-premises
consumption to be removed from authorized areas upon the premises.
C. Novel or unusual containers are prohibited except upon
special permit issued by the board. In determining whether a container is novel
or unusual the board may consider, but is not limited to, the factors set forth
in 3VAC5-40-30.
D. No retail beer licensee shall sell at retail any beer
packaged in a metal container designed and constructed with an opening device
that detaches from the container when the container is opened in a manner
normally used to empty the contents of the container.
3VAC5-40-50. Beer; qualifying procedures; samples;
exceptions; disqualifying label factors. (Repealed.)
A. Except as provided in subsection E of this section, beer
sold in the Commonwealth shall be first approved by the board as to content,
container and label.
1. An application acceptable to the board or on a form
prescribed by the board describing the merchandise shall be submitted for each
new brand and type of beer offered for sale in the Commonwealth. A registration
fee in such amounts as may be established by the board shall be included with
each application.
2. All beer sold in the Commonwealth shall conform with
regulations adopted by the appropriate federal agency, relating to labels,
definitions and standards of identity. Applicants shall submit a certified copy
of the approval of the label by such federal agency.
B. A brewery licensee or a wholesale beer licensee shall
upon request furnish the board without compensation a reasonable quantity of
each brand of beer sold by him for chemical analysis.
C. Any beer whose contents, label or container does not
comply with all requirements of this section shall be exempt therefrom provided
that such beer was sold at retail in this Commonwealth as of December 1, 1960,
and remains the same in content, label and container. Any beer sold only by
direct shipment to consumers by holders of beer shippers' licenses shall be
approved upon compliance with subdivision A 2 of this section.
D. While not limited thereto, the board may withhold
approval of any label which contains any statement, depiction or reference
that:
1. Implies or indicates that the product contains wine or
spirits;
2. Implies the product contains above average alcohol for
beer;
3. Is suggestive of intoxicating effects;
4. Would tend to induce minors to drink;
5. Would tend to induce persons to consume to excess;
6. Is obscene, lewd or indecent;
7. Implies or indicates that the product is government
(federal, state or local) endorsed;
8. Implies the product enhances athletic prowess or implies
such by any reference to any athlete, former athlete or athletic team except
that references to athletes or athletic teams shall be allowed to the extent
such references are permitted in point-of-sale advertising pursuant to
3VAC5-20-10.
E. If the board has not approved a beer for sale within 30
days after receipt by the board of a complete application and registration fee,
the beer may be sold in the Commonwealth pending a decision from the board on
the application. If the application for approval is rejected, the manufacturer
or importer shall discontinue sales of the rejected product upon notice from
the board. Any wholesale or retail licensee may continue sales until any
inventory on hand at the time of notice from the board is depleted.