Last week’s TTB ruling on wine growlers (defined as containers designed to be securely covered and buy cialis australia filled by licensees for off-premise consumption), provided good guidance to retailers on the cialis generic federal requirements for filling growlers for customers.
Ever since Oregon passed its statute last spring allowing retailers to sell wine in growlers (as discussed in our post in January), there have been questions in the cialis canada online industry as to how this expanded privilege for retailers would run up against federal licensing and propecia without prescription labeling requirements. Now the TTB’s position is clear:
- Any retailer selling wine in growlers will be required to obtain a TTB license as a taxpaid bottling house, and to keep records of taxpaid wine received, bottled or packed, and removed from the premises, which will apply to all wine used for and buy viagra us sold in growlers.
- When filling a growler, the retailer must measure the contents of the container and purchase viagra without prescription ensure an accurate fill level.
- Each container must be labeled with the name and viagra online 50mg address of premises where bottled; brand name if different from premises name; alcohol content; kind of wine; and net contents.
It is important to note that the above requirements only apply to situations in which the wine is sold to the consumer and ordering viagra overnight delivery then it is placed into a growler in the presence of the consumer. Growlers that are filled prior to sale have more onerous requirements (they are treated the same as a bottled wine), and as such must comply with federal labeling requirements such as having a COLA and health warnings.
The TTB explains wine is treated differently than beer with regard to growlers because of this Internal Revenue Code provision:
Any person bottling, packaging, or repackaging taxpaid wines shall, before commencing such operations, make application to the Secretary and viagra india receive permission to operate. Such premises shall be known as “tax-paid wine bottling houses.” 26 U.S.C. 5352.
According to the legislative history, back in 1954 when this law was enacted, the federal government felt it was losing control over revenue, as it had no way to supervise the bottling of taxpaid wine that occurred outside of bonded winery premises. Apparently it did not have the same fears over losing beer revenue.
How states will handle growler sales by retailers is another matter. There will be tied house restrictions in some states that, without statutory change, will prevent retailers from selling wine in growlers. California is one such state. California tied house laws prevent a retailer from having an interest in the manufacturer-tier entities that would be most appropriate to a tax-paid wine bottling house, such as rectifier or wineblender licenses. Moreover, retailers are not permitted to perform any functions that are solely privileges of a manufacturer, and since “bottling” in California may only be done by a California licensed winegrower, rectifier, or wineblender on the licensed manufacturer premises, California retailers may not fill wine growlers. This has been confirmed by the ABC. This is why, for instance, a brewpub with an on-premise restaurant is only allowed to fill beer growlers in the physical area covered by the beer manufacturer license, and why a winery with an off-sale retail shop may only fill wine growlers in the winery portion of their premises.