Vol. 28 Iss. 13 - February 27, 2012



Agency Decision

Title of Regulation: 3VAC5-40. Requirements for Product Approval.

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

Name of Petitioner: W. R. Moore.

Nature of Petitioner's Request: 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-premises and off-premises consumption may sell beer in growlers under the provisions of 3VAC5-40-40.

Agency Decision: Request granted.

Statement of Reason for Decision: 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-premises 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.

Agency Contact: W. Curtis Coleburn, III, Chief Operating Officer, Department of Alcoholic Beverage Control, P.O. Box 27491, Richmond, VA 23261, telephone (804) 213-4409, or email

VA.R. Doc. No. R12-05; Filed January 30, 2012, 12:56 p.m.