Title 804 | Chapter 011 | Regulation 041
SUPERSEDED
This document is no longer current.
PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
(New Administrative Regulation)
804 KAR 11:041.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-premises consumption may sell filled growlers at retail for off-premises 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 eighteen (18) 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; and7.
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; and4.
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; and6.
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; and2.
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.(6)
A growler shall be closed with a flip-top or screw-on lid or cap and sealed in a manner designed to prevent consumption without conspicuous and evident tampering.ALLYSON C TAYLOR, Commissioner
RAY PERRY, Secretary
APPROVED BY AGENCY: April 14, 2022
FILED WITH LRC: April 14, 2022 at 3:48 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 9:00 a.m. EST on June 27, 2022 at 500 Mero Street, Room 127CW, Frankfort, Kentucky 40601. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the administrative regulation. Individuals interested in being heard at this hearing shall notify this agency of their intention to attend and comment in writing at least five workdays prior to the hearing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. If you do not wish to be heard at the public hearing, you may submit written comments on the administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. Written comments shall be accepted through 11:59 p.m. on June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Joshua Newton, General Counsel, Department of Alcoholic Beverage Control, 500 Mero Street, 2 NE #226, Frankfort, Kentucky 40601, phone (502) 782-0770, fax (502) 564-4850, email Joshua.Newton@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Joshua Newton
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation authorizes retail malt beverage package licensees to sell specialized containers (called “growlers”) filled with malt beverages to consumers.
(b) The necessity of this administrative regulation:
This administrative regulation replaces and renews an administrative regulation that inadvertently expired due to inaction by the Department. It is necessary in order to permit the practice of selling growlers, which had occurred for at least 7 years, to continue legally.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 241.060, which authorizes the Board to promulgate reasonable administrative regulations governing the supervision of the manufacture, sale, and trafficking of alcoholic beverages, and does not conflict with statute.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in effective administration of alcoholic beverage control statutes by authorizing a practice already in use in the Commonwealth and permitting enforcement and investigatory resources to be put toward preventing and policing serious statutory violations.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
NA
(b) The necessity of the amendment to this administrative regulation:
NA
(c) How the amendment conforms to the content of the authorizing statutes:
NA
(d) How the amendment will assist in the effective administration of the statutes:
NA
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect retail malt beverage package licensees who wish to sell growlers of malt beverages for consumption off the licensed premises. The number licensees affected is therefore uncertain.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Regulated entities who wish to sell growlers will need to ensure that they have the proper materials and equipment to clean, sanitize, label, and seal growlers, and undertake procedures outlined in the administrative regulation regarding cleaning, sanitizing, labeling, and sealing the growlers they sell. Regulated entities who do not wish to sell growlers do not need to take any actions to comply with this administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Compliance with this administrative regulation will present no cost to regulated entities who do not wish to sell growlers. Compliance with this regulation by regulated entities who wish to sell growlers will require the purchase and installation of a three-compartment sink on the premises, instruments to tap kegs of malt beverages to dispense malt beverage into the growler, and sanitization, testing, labeling, and sealing materials. The Department is unaware of the price of these materials.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Regulated entities will be able to sell growlers of malt beverages.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the administrative body to implement this regulation.
(b) On a continuing basis:
There are no ongoing costs to the administrative body because of implementation of this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Because there is no cost associated with implementation and enforcement of this administrative regulation, no funding will be required.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation will require no increase in fees or funding.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation did not establish any fees, and did not directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Explain why or why not. Tiering is not applied because this will affect all regulated entities equally.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Alcoholic Beverage Control and local Alcoholic Beverage Control administrators may be nominally impacted.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
241.060(1).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not result in increased revenues to any state or local government entities.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not result in increased revenues to any state or local government entities in subsequent years.
(c) How much will it cost to administer this program for the first year?
There are no costs associated with administration of this regulation.
(d) How much will it cost to administer this program for subsequent years?
There are no costs associated with administration of this regulation in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
(New Administrative Regulation)
804 KAR 11:041.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-premises consumption may sell filled growlers at retail for off-premises 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 eighteen (18) 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; and7.
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; and4.
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; and6.
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; and2.
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.(6)
A growler shall be closed with a flip-top or screw-on lid or cap and sealed in a manner designed to prevent consumption without conspicuous and evident tampering.ALLYSON C TAYLOR, Commissioner
RAY PERRY, Secretary
APPROVED BY AGENCY: April 14, 2022
FILED WITH LRC: April 14, 2022 at 3:48 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 9:00 a.m. EST on June 27, 2022 at 500 Mero Street, Room 127CW, Frankfort, Kentucky 40601. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the administrative regulation. Individuals interested in being heard at this hearing shall notify this agency of their intention to attend and comment in writing at least five workdays prior to the hearing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. If you do not wish to be heard at the public hearing, you may submit written comments on the administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. Written comments shall be accepted through 11:59 p.m. on June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Joshua Newton, General Counsel, Department of Alcoholic Beverage Control, 500 Mero Street, 2 NE #226, Frankfort, Kentucky 40601, phone (502) 782-0770, fax (502) 564-4850, email Joshua.Newton@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Joshua Newton
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation authorizes retail malt beverage package licensees to sell specialized containers (called “growlers”) filled with malt beverages to consumers.
(b) The necessity of this administrative regulation:
This administrative regulation replaces and renews an administrative regulation that inadvertently expired due to inaction by the Department. It is necessary in order to permit the practice of selling growlers, which had occurred for at least 7 years, to continue legally.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 241.060, which authorizes the Board to promulgate reasonable administrative regulations governing the supervision of the manufacture, sale, and trafficking of alcoholic beverages, and does not conflict with statute.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in effective administration of alcoholic beverage control statutes by authorizing a practice already in use in the Commonwealth and permitting enforcement and investigatory resources to be put toward preventing and policing serious statutory violations.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
NA
(b) The necessity of the amendment to this administrative regulation:
NA
(c) How the amendment conforms to the content of the authorizing statutes:
NA
(d) How the amendment will assist in the effective administration of the statutes:
NA
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect retail malt beverage package licensees who wish to sell growlers of malt beverages for consumption off the licensed premises. The number licensees affected is therefore uncertain.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Regulated entities who wish to sell growlers will need to ensure that they have the proper materials and equipment to clean, sanitize, label, and seal growlers, and undertake procedures outlined in the administrative regulation regarding cleaning, sanitizing, labeling, and sealing the growlers they sell. Regulated entities who do not wish to sell growlers do not need to take any actions to comply with this administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Compliance with this administrative regulation will present no cost to regulated entities who do not wish to sell growlers. Compliance with this regulation by regulated entities who wish to sell growlers will require the purchase and installation of a three-compartment sink on the premises, instruments to tap kegs of malt beverages to dispense malt beverage into the growler, and sanitization, testing, labeling, and sealing materials. The Department is unaware of the price of these materials.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Regulated entities will be able to sell growlers of malt beverages.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the administrative body to implement this regulation.
(b) On a continuing basis:
There are no ongoing costs to the administrative body because of implementation of this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Because there is no cost associated with implementation and enforcement of this administrative regulation, no funding will be required.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation will require no increase in fees or funding.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation did not establish any fees, and did not directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Explain why or why not. Tiering is not applied because this will affect all regulated entities equally.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Alcoholic Beverage Control and local Alcoholic Beverage Control administrators may be nominally impacted.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
241.060(1).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not result in increased revenues to any state or local government entities.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not result in increased revenues to any state or local government entities in subsequent years.
(c) How much will it cost to administer this program for the first year?
There are no costs associated with administration of this regulation.
(d) How much will it cost to administer this program for subsequent years?
There are no costs associated with administration of this regulation in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: