804 KAR 11:040. Growlers.

 

      RELATES

TO: KRS 241.060

      STATUTORY

AUTHORITY: KRS 241.060

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the Alcoholic Beverage Control

Board to regulate the sale of alcoholic beverages. This administrative regulation

allows a licensee that holds a retail malt beverage license to sell growlers.

 

      Section

1. Definition. "Growler" means a refillable, resealable vessel no larger

than two (2) liters with a flip-top or screw-on lid into which a malt beverage

is prefilled, filled, or refilled for off-premises consumption. "Growler"

shall not mean a vessel of similar size or capacity that is primarily used for

the storage of other non-alcoholic liquids.

 

      Section

2. The holder of a license permitting malt beverage package sales for

off-premise consumption may sell filled growlers at retail for off-premise consumption

if:

      (1)

The growler is cleaned and sanitized by the licensee or its employee prior to

being filled as prescribed in Section 3 of this administrative regulation;

      (2)

The growler is filled and securely resealed by the licensee or an employee at

least twenty (20) years old before being removed from the premises;

      (3)

The growler has a label affixed to it, legibly stating:

      (a)

The brand name of the product;

      (b)

The name and address of the brewer or bottler;

      (c)

The class of product (beer, ale, porter, lager, bock, stout, or other brewed or

fermented beverage);

      (d)

The name and address of the licensee that filled or refilled the growler;

      (e)

The following statement, "This product may be unfiltered and

unpasteurized. Keep refrigerated at all times."; and

      (f)

The alcoholic beverage health warning statement as required by the Federal

Alcohol Administration Act, 27 C.F.R. 16.20 through 16.22; and

      (4)

The label is affixed to the vessel by:

      (a)

Neck hanger;

      (b)

Adhesive;

      (c)

String; or

      (d)

Other means.

 

      Section

3. Cleaning, Sanitizing, Filling, and Sealing. (1) Filling and refilling

growlers shall only occur at the request of a customer.

      (2)

Except as provided by subsection (3) of this section, prior to refilling a

growler, the growler and its cap shall be cleaned and sanitized by the licensee

or its employee by:

      (a)

Manual washing in a three compartment sink. The licensee or its employee shall:

      1.

Prior to starting, clean sinks and work area to remove any chemicals, oils, or

grease from other cleaning activities;

      2.

Empty residual liquid from the growler to drain, but not into the cleaning

water;

      3.

Clean the growler and cap using detergent and water exceeding 110 degrees

Fahrenheit, a temperature compliant with Kentucky Department for Public Health standards

in 902 KAR 45:005, or the temperature specified on the detergent manufacturer’s

label instruction. Detergent shall not be fat- or oil-based;

      4.

Remove any residues on the interior and exterior of the growler and cap;

      5.

Rinse the growler and cap in the middle compartment with water. Rinsing may be

from the spigot with a spray arm, from a spigot or from the tub as long as the

water for rinsing shall not be stagnant and shall be continually refreshed;

      6.

Sanitize the growler and cap in the third compartment. Chemical sanitizer shall

be used in accordance with the EPA-registered label use instructions and shall

meet the minimum water temperature requirements of the chemical; and

      7.

A test kit or other device that accurately measures the concentration of MG/L

of chemical sanitizing solutions shall be provided and be readily accessible

for use; or

      (b)

Mechanical washing and sanitizing machine.

      1.

Mechanical washing and sanitizing machines shall be provided with an easily

accessible and readable data place affixed to the machine by the manufacturer

and shall be used according to the machine’s design and operation

specifications;

      2.

Mechanical washing and sanitizing machines shall be equipped with chemical or

hot water sanitization;

      3.

Concentration of the sanitizing solution or the water temperature shall be

accurately determined by using a test kit or other device; and

      4.

The machine shall be regularly serviced based upon the manufacturer’s or

installer’s guidelines.

      (3)

Notwithstanding subsection (2) of this section, a growler may be filled or

refilled without cleaning and sanitizing the growler by:

      (a)

Filling or refilling a growler with a tube as referenced in subsection (4) of

this section;

      1.

Food grade sanitizer shall be used in accordance with the EPA-registered label

use instructions;

      2.

A container of liquid food grade sanitizer shall be maintained for malt

beverage taps that will be used for filling and refilling growlers;

      3.

Each container shall contain tubes that will be used only for filling and

refilling growlers;

      4.

The growler is inspected visually for contamination;

      5.

The growler is filled or refilled with a tube as prescribed in subsection (5)

of this section; and

      6.

A different tube from the container shall be used for each fill or refill of a

growler; or

      (b)

Filling a growler with a contamination-free process. The growler shall be:

      1.

Inspected visually for contamination; and

      2.

Compliant with the Kentucky Food Code, incorporated by reference in 902 KAR

45:005.

      (4)

Growlers shall be filled or refilled from the bottom of the growler to the top

with a tube that is attached to the malt beverage faucet and extends to the

bottom of the growler or with a commercial filling machine.

      (5)

When not in use, tubes to fill or refill growlers shall be immersed and stored

in a container with liquid food grade sanitizer. (40 Ky.R. 2927; Am. 41 Ky.R.

462; eff. 10-3-2014.)