Growlers, Growlers Everywhere!!

Hello everyone, C-pher here, and I read something that got me thinking again.  (can you smell the smoke?)  It seems that there's a chance that an archaic law just might get reversed, changed, however they want to make it sound.  

I was reading an article in the Globe (I know…don’t start) that was talking about how a law that I’ve never figured out might be changed.  Granted this is in MA, and many of you don’t live here…it seems that New England isn’t the only place that has these laws.  Be thankful that we’re not states like Texas and Oklahoma where breweries aren't allowed to sell growlers to go.

Or, we can talk about Georgia and South Dakota who don't permit sales of growlers of any kind.  

WHAT?!?

So, read this and then we’ll move forward on this issue.

State’s growler law up for debate

Now that we're seeing that this law doesn’t make any sense, we can have a short discussion.  

It seems that Steven Howitt, a state representative from Seekonk, is looking to change an age old law that keeps us from keeping a small amount of growlers on hand. So, living in New England (exclude VT) means that you need to keep one of those PODS on your lawn to store all the growlers you're collecting.  It seems that it’s against the law for one brewery to fill a growler from another brewery.  Honestly, up until I read this article, I never questioned why we weren't allowed to do this.  I didn't grow up here, I have never heard of this law, as in many states I lived down South, this isn't an issue.

So, how do you ask that this is against the law?  Good Question!!  One I'm going to look into this and see if I can figure this out.

Well, it seems that growlers can only be filled by the brewery that’s on the label of said growler.  I've been going a little nutty here trying to find out exactly why, as the article I read didn't link any existing laws.  

So, I do what I do, and I start going through MA MGLs and see what I can find.

I started here: The Alcoholic Beverages Control Commission - 204-2.06: Labels and Containers

The best I can find is that this is based on labeling.

I’m going to start with a few that are listed that seem to point back to Federal Laws.

(1) Every manufacturer licensed by the Commission shall place on the brand labels all information required by federal regulations.

And

3) One label on every bottle, jug or other container of alcoholic beverages manufactured, blended, rectified or compounded by any Manufacturer or Wholesaler and Importer, shall state the quantity of such alcoholic beverages in the manner prescribed by the Federal Government, as far as applicable.

What I'm going to get out of this is that the brewery selling the beer, must have the proper labeling on the growlers related to said brewery.  Ok, that makes sense, right?  It is their growler.

Next thing I see is this:

(9) No false, deceptive or misleading statement shall be made or used, or shall be permitted to be made or used, by any licensee on any label on any keg, cask, barrel, bottle or other container of any alcoholic beverages.

I can only guess on this one is that if you fill a growler with Trillium in a growler from Tree House, you would then be able to pass it off as Trillium?  I would think that this would be geared towards distributors…but I've been known to be wrong.

Then I came across this one:

(12) No licensee shall deface, mar, obliterate, remove or cover any brand or label on any keg, cask, barrel, bottle or other container, except as may be required by Federal Regulation. No licensee shall buy, sell, exchange or traffic in any such containers without consent of the owner thereof.

This is the one that I'm thinking is the issue that we're really seeing.  It almost reads that because of the label another brewery can’t use the other breweries grower, one from rule (9) and then this one saying they can’t change the label.   

The last thing I see is the following:

(14) No licensee shall use or keep in his possession, without the consent of the owner, any barrel, keg, bottle, case or other container bearing the mark or brand of such owner.

And this one I would think would follow under (ME) as I’m the one that actually owns the Growler…but where MA Law is horrible to understand, I’m not sure if that’s the case as the growler still bears the name of the brewery. 

I would start to suggest calling your local State Rep to let them know this is on the radar.  Inform them that you would like them to help change this law.  Craft a good reason why this doesn’t make any sense, and if they are against this, have them tell you why!!  They aren’t our parents, they can’t just say, “Because I said so!”  Get an explanation on why they are against it...and be prepared to have a few points to politely argue against them.

Send e-mails, send letters, if you know them, go see them!  

Remember, the more you contact them, the more they are likely to vote our way.   And seeing them in person holds more weight than a handwritten letter, than a phone call, than the e-mail.  The more effort you put into this, the stronger the chance they will listen.

You don’t know who to call?  No worries, If you live in MA, find who's your Representivive:

I hope that we can band together as Craft Brew fanatics.  I hope that we can make these calls and get this passed.  And if you live in a state where you have similar laws, work to make an appointment with your local legislators. Talk about how you can get these changed.  Work with him/her to sponsor a bill in your state to get this changed.

And, I know that I have a lot of intelligent friends that read this very sparse blog…but if you have, know or have more information regarding these laws, I would love to hear them.  I would also love to find out what wording or what they plan on changing to make this work…let me know.

As always, leave me some comments!  That way we can all understand the changes.

Have a great day and Cheers!!  

I hope that we can pick up one of those insulated growlers here shortly to have filled at one of our favorite places!