PA Growler law - PLCB clarification

Indeed, the advisory opinion goes out of its way to repeatedly clarify that the opinion concerns only restaurant liquor licensees.

 

John, my guess is that the Iron Hill Brewpubs have restaurant liquor licenses since you can get wine and booze there. What are your thoughts wrt Iron Hill?

Cheers!

 

I don't know if they changed or didn't care, but I have filled a growler at East End which was not their growler in the past year as a FYI.

 

John (and fellow BAs), just an FYI, Troegs will fill any growler, provided it's clean and free of defects.

Also, John and @callmemickey, good catch on the "restaurant license"-only aspect of the opinion. As for PA breweries with tasting rooms and brewpubs, from what I understand, a separate opinion/regulation covers establishments with a brewery or brewpub license, i.e., establishments with a brewery license can only dispense draft beer in their own containers, establishments with a brewpub license can dispense draft beer in any container (provided they don't have a policy of only filling their own growlers). I'm pretty sure there was a BA thread on this a couple of years ago, but don't have time to search right now. Feel free to correct me if I'm wrong.

Cheers!

 

Troegs sells (at least when I bought mine) blank growlers. They affix a paper label when you get it filled. I've seen people with other branded growlers get theirs filled without issue.

 

Here is the opinion regarding breweries being able to fill another brewery's growler:

"OPINION: Please be advised that because you are permitted to refill growlers that bear the label of another brewery. Pursuant to section 440 of the Liquor Code, a licensed brewery may sell its malt or brewed beverages, in any container or package of any volume, to individuals for off-premises consumption. [47 P.S. § 4-440]."
http://www.lcbapps.lcb.state.pa.us/...lay.asp?opinion_year=2015&opinion_sequence=58

It references 47 P.S. § 4-440, which was amended on December 22, 2011 to "reflect that a licensed brewery may sell its malt or brewed beverages, in any container or package of any volume, to individuals for off-premises consumption"
http://www.lcb.state.pa.us/cons/groups/system_internet/documents/webasset/000832.pdf

I think a lot of the confusion comes from the fact that prior to Dec. 2011 the "any container" language was not present and instead said "original container." This is the old opinion that is now superseded: http://www.lcbapps.lcb.state.pa.us/...ay.asp?opinion_year=2011&opinion_sequence=112

Between the two opinions, it does appear that breweries, brewpubs, and retail establishments can fill growlers with any label on them.

 

For more detail (with relevant language underlined):

Current version of the law applying to breweries: 7 P.S. § 4-440: "A manufacturer may sell malt or brewed beverages produced and owned by the manufacturer to individuals on the licensed premises for consumption on the licensed premises where sold only if it complies with the conditions and regulations placed upon holders of brewery licenses under section 446(a)(1). A manufacturer also may sell any malt or brewed beverages produced and owned by the manufacturer to individuals on the licensed premises for consumption off the licensed premises in containers or packages of unlimited quantity and of any volume. No manufacturer may maintain or operate within the Commonwealth any place or places other than the place or places covered by his or its license where malt or brewed beverages are sold or where orders are taken."

Old version of the law applying to breweries: 7 P.S. § 4-440: "No manufacturer shall sell any malt or brewed beverages for consumption on the premises where sold, nor sell or deliver any such malt or brewed beverages in other than original containers approved as to capacity by the board, nor in quantities of less than a case or original containers containing sixty-four ounces or more which may be sold separately; nor shall any manufacturer maintain or operate within the Commonwealth any place or places other than the place or places covered by his or its license where malt or brewed beverages are sold or where orders are taken."

 

Pizza boy will fill any growler...just have to make multiple trips to the truck and multiple tabs for said growlers since PA has the most backwards ass liquor laws in the country...

 

Troegs has always filled any growler -- we are a bigger fan of selling beer than forcing someone to buy a vessel. That being said, we can only fill "German-style" swing top growler with our automated filler - everything else has to be filled old school with a fill-tube and a less than desirable seal.

As for labels, back in the day there was a lot of undefined issues with the label aspect of the growler label, so we started to put those on to be in compliance with how the law read. today, we keep using the labels (needed or not can be decided by th PLCB) so customers can identify their growlers if they purchase multiple growlers.

thanks.

 

After 192 ounces yes. If you want a ton of growlers, six packs, etc that is true. The PA laws are archaic but have gotten slightly better recently.

 

Many places around me (Mechanicsburg, Lemoyne) have advertised 12 pack pricing. It's a really good step in the right direction.

 

Always amused at the number of places that use "PLCB rules don't let us...." when it's their own house rule because it suits their purposes.

I used to love places that would tell me "we're not allowed to fill a growler with someone else's logo/name on it". I'd reply, "great" and happily give them my blank growler. Ralph Kramden would ensue: "hum-a-na, hum-a-na.... Actually got a few free growlers (the glass itself) that way without really trying.