Recent Legislative Activity and Craft Beer

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Arizona: A bill was recently signed by Governor Doug Ducey allowing microbreweries to make up to 6.2 million gallons of beer per year, removing the old limit of 1.2 million gallons. Under the previous law, companies exceeding the limit were forbidden from operating restaurants.

Wyoming: Lawmakers passed legislation in February allowing craft breweries to expand annual production limits from 15,000 to 50,000 barrels. The new law allows craft breweries exceeding that 15,000-barrel limit to continue selling on site and to continue self distributing their products. Larger breweries cannot self distribute their products in Wyoming.

North Dakota: In March, the legislature passed a law allowing microbreweries to have multiple taproom licenses. The previous law only allowed a license for one taproom. Craft breweries may produce no more than 25,000 barrels of malt beverages a year combined at all locations.

Texas: Two years ago, the legislature authorized craft and small breweries to sell product on site for on site consumption. A new bill would further expand this by allowing on site sales for off site consumption. A separate bill pending this session would cut the number of barrels microbreweries are allowed to self-distribute to restaurants, grocery stores, and other retailers from 40,000 barrels per year to 5,000. This effort comes after lawmakers lowered the cap from 75,000 annual barrels to 40,000 per year last session.

Florida: It appears legislation may pass that would legalize 64-ounce refillable growlers, which are legal in most states. The current law in Florida allows quart and gallon size growlers, but not 64-oz growlers.

Missouri: A bill to expand the availability of the use of growlers is moving through the legislature. The measure would allow convenience stores and grocery stores to sell growlers, which currently are only authorized at breweries or specialty bars.

West Virginia: Governor Earl Ray Tomblin recently signed a bill allowing breweries to give out samples on site. When the law takes effect in June, it will allow many businesses to sell up to four growlers of beer per person per day, including breweries, brewpubs, retailers, and bars. Currently, only brewpubs are allowed to sell growlers.

Georgia: The Georgia House of Representatives and Senate have passed different versions of a law expanding the restrictions on craft beer sales, but lawmakers seem unlikely to allow direct sales on site. The latest bill approved by the House and subject to Senate approval, would allow breweries to provide up to 36 ounces in “souvenir” tastings of beer on site or up to 72 ounces to take home. The bill also allows liquor distilleries to give take-home bottles as a tour souvenir.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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