On behalf of Bold Rock Cidery and Brewpub, a newly licensed farm winery in Nelson County specializing in the production of hard cider, we formally request the Board permit farm winery licensees to sell hard cider, as defined in § 4.1-213, in growlers or reusable containers for off-premises consumption. As you may be aware, this privilege is currently granted by 3VAC5-40-40 to beer licensees that have both on-premises and off-premises privileges. Although 3VAC5-40-30 (E) contains language that provides the Board the authority to authorize the use of “novel or unusual containers,” we believe a provision specifically authorizing the use of growlers for hard cider is an appropriate accommodation for the fast-growing hard cider industry in Virginia.

By allowing the use of growlers for hard cider, the Board will help ensure Virginia cider producers will be able to competitively market their product while balancing the Board’s interest in controlling alcohol consumption and protecting the public. Listed below are the primary factors supporting the expanded use of growlers for off-premises sale of hard cider:

·       Marketing: Beer and hard cider are similar products and the current limit on growler use for hard cider restricts innovation and limits marketing opportunities. 

·       Control: Hard cider is by definition limited to not more than 10% alcohol by volume, whereas beer has no alcohol content limit in Virginia.

·       Control: A comparable off-premises container volume limit is already established by regulation, which authorizes hard cider to be sold in containers of up to one gallon.

·       Marketing: Growlers are an integral part of the craft beer industry, which is enjoying a renaissance in Virginia. Consumer demand for growler use is growing rapidly within this industry and several Virginia cider producers could benefit from the interest in this style of container.

·       Marketing: Like craft beer, hard cider is “best from the tap” and growlers provide a great way for consumers to take a fresh tasting product home.

·       Environment: Reusable growlers are an environmentally friendly way of packaging that limit the entry of bottles into the waste stream and eliminate excess packaging.

Based on the foregoing reasons, we respectfully request the Board consider granting

farm wineries (on and off-premises licensees) the privilege to sell hard cider in growlers

for off-premises consumption. We believe an amendment of this nature is narrowly

tailored to afford licensees the privilege to sell hard cider in the same manner as beer.

Additionally, we believe this proposal provides the appropriate balance between meeting

consumer demand while providing service and control in the distribution, sale and

consumption of alcoholic beverages.