185—4.6 (123) Filling and selling of beer in a container other than the original container by class “C” beer permit holders. Class “C” beer permit holders and their employees may fill, refill and sell beer in a container other than the original container, otherwise known as a growler as defined in subrule 4.1(3), subject to the requirements and restrictions provided in Iowa Code section 123.132 and in this rule.
	   4.6(1) Definition.
“Beer,” for the purpose of this rule, means “beer” as defined in Iowa Code section 123.3(7) and “high alcoholic content beer” as defined in Iowa Code section 123.3(19).
	   4.6(2) Sales criteria and restrictions. All sales made pursuant to this rule shall be made in person. Beer packaged and sold pursuant to this rule shall not be delivered or direct-shipped to consumers.
	   4.6(3) Filling and refilling requirements.
	      a.    	 A growler shall have the capacity to hold no more than 72 ounces.
	      b.    	 A growler shall be filled or refilled only by the permittee or the permittee’s employees who are 18 years of age or older.
	      c.    	 A growler shall be filled or refilled only on demand by a consumer at the time of the in-person sale.
	      d.    	 A growler shall be filled or refilled only with beer from the original container procured from a duly licensed wholesaler.
	      e.    	 A retailer may exchange a growler to be filled or refilled, provided the exchange occurs at the time of the in-person sale.
	      f.    	 The filling or refilling of a growler shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations.
	   4.6(4) Sealing requirements. A filled or refilled growler shall be securely sealed at the time of the sale by the permittee or the permittee’s employees in the following manner:
	      a.    	 A growler shall bear a twist-type cap, screw-on cap, flip-top lid, swing-top lid, stopper, or plug.
	      b.    	 A plastic heat shrink wrap band, strip, or sleeve shall extend around the twist-type cap, screw-on cap, flip-top lid, or swing-top lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler.
	      c.    	 The heat shrink wrap seal shall 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.
	      d.    	 A growler shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed.
	   4.6(5) Restrictions.
	      a.    	 Beer shall not be consumed on the premises of a class “C” beer permit holder.
	      b.    	 A growler shall not be filled in advance of a sale.
	      c.    	 A growler filled pursuant to this rule shall not be delivered or direct-shipped to a consumer.
	      d.    	 A growler filled pursuant to this rule shall not be sold or otherwise distributed to a retailer.
	      e.    	 A permittee or a permittee’s employees shall not allow a consumer to fill or refill a growler.
	      f.    	 The filling, refilling and selling of a growler shall be limited to the hours in which beer may be legally sold.
	      g.    	 A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication.
	      h.    	 An original container shall only be opened by the permittee or the permittee’s employees for the limited purpose of filling or refilling a growler as provided in this rule.
	   4.6(6) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the permittee to the penalty provisions provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code section 123.132.
[ARC 2382C, IAB 2/3/16, effective 3/9/16]