185—4.6(123) Filling and selling of beer in a container other than the original container.  Liquor control license holders, class “B” and 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, subject to the requirements and restrictions provided in Iowa Code sections 123.131 and 123.132 and in this rule.
	4.6(1)  Definitions.
“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).
“Growler,” for the purpose of this rule, means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold only beer or high alcoholic content beer.
“Original container,” for the purpose of this rule, means a vessel containing beer that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture. For special class “A” beer permit holders, an “original container” includes a tank used for storing and serving beer.
	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 licensee or permittee or the licensee’s or 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 unless the beer being used to fill or refill a growler on the premises of a special class “A” beer permit holder was manufactured by that special class “A” beer permit holder on the permitted premises.
	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 licensee or permittee or the licensee’s or permittee’s employees in the following manner:
	a. 	A growler shall bear a cap, lid, stopper, or plug.
	b. 	A plastic heat shrink wrap band, strip, or sleeve shall extend around the cap or lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler. A lid permanently affixed with a can seamer shall not require a plastic heat shrink wrap band, strip, or sleeve.
	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 only be consumed on the premises of a class “C” beer permit holder for a tasting in accordance with rule 185—16.7(123).
	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 licensee or permittee or a licensee’s or 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 on the premises of a class “C” beer permit holder for the limited purposes of filling or refilling a growler as provided in this rule, or for a tasting in accordance with rule 185—16.7(123).
	4.6(6) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee or permittee to the penalty provisions provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code sections 123.123, 123.131, and 123.132.
[ARC 2382C, IAB 2/3/16, effective 3/9/16; ARC 2777C, IAB 10/12/16, effective 11/16/16; ARC 3928C, IAB 8/1/18, effective 9/5/18]