Vol. 38 Iss. 24 - July 18, 2022

Chapter 70

REGISTRAR'S NOTICE: The Board of Directors of the Alcoholic Beverage Control Authority is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The authority will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 3VAC5-70. Other Provisions (amending 3VAC5-70-200).

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Effective Date: August 17, 2022.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email


Pursuant to Chapter 155 of the 2017 Acts of Assembly and Chapter 583 of the 2022 Acts of Assembly, the amendment changes the proof limit for grain alcohol to 151 proof limit and removes a sunset clause.

3VAC5-70-200. Grain alcohol; permits; qualifications; records; refusal, suspension, or revocation.

A. The board may issue a yearly permit authorizing the permittee to purchase grain alcohol with a proof greater than 101 151 at government stores for any of the following purposes:

1. Industrial use;

2. Commercial use;

3. Culinary use; or

4. Medical use.

During the period July 1, 2017, through June 30, 2022, the board may issue a yearly permit authorizing the permittee to purchase grain alcohol with a proof greater than 151 at government stores for any of the purposes listed in this subsection.

B. The application for such permits shall be on forms provided by the board.

C. Permits may be issued to legitimate businesses for any one or more of the purposes stated in subsection A of this section upon presentation of satisfactory evidence of the conduct of the business activity involved. For good cause shown, the board may issue a permit to an individual for any of the uses stated in subsection A of this section.

D. A person obtaining a permit shall maintain complete and accurate records of all purchases for a period of two years. The board and its special agents shall have free access during reasonable hours to all records required to be kept pursuant to this section.

E. The board may refuse to issue, suspend, or revoke a permit if the board has reasonable cause to believe that (i) the permittee would use, has used, or allowed to be used grain alcohol for any unlawful purpose or (ii) any cause exists under § 4.1-222 of the Code of Virginia for which the board may refuse to grant the applicant any license or has done any act for which the board might suspend or revoke a license under § 4.1-225 of the Code of Virginia.

VA.R. Doc. No. R22-7290; Filed June 23, 2022