H722: Expand Allowable Growler Size. Latest Version

AN ACT to direct the North Carolina Alcoholic Beverage Control commission to allow growlers up to four liters.

The General Assembly of North Carolina enacts:

SECTION 1.  Rule. – For purposes of this section and its implementation, Growler Rule means 14B NCAC 15C .0307 (Growlers).

SECTION 2.  Growler Rule. – Until the effective date of the revised permanent rule that the ABC Commission is required to adopt pursuant to Section 4 of this act, the Commission shall implement the Growler Rule as provided in Section 3 of this act.

SECTION 3.  Implementation. – Notwithstanding subsection (a) of 14B NCAC 15C .0307, a growler shall be defined as a rigid glass, ceramic, plastic, aluminum, or stainless steel container with a closure or cap with a secure sealing that is no larger than 4 liters (1.0567 gallons) into which a malt beverage or unfortified wine is prefilled, filled, or refilled for off‑premises consumption.

SECTION 4.  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Growler Rule consistent with Section 3 of this act. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 3 of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 5.  Effective Date. – This act is effective when it becomes law. Section 3 of this act expires on the date that the rule adopted pursuant to Section 4 of this act becomes effective.