14B NCAC 15C .0308      GROWLERS: CLEANING, SANITIZING, FILLING AND SEALING

(a)  Except as permitted pursuant to Rules .0307(b) and (c) of this Section, filling and refilling growlers shall only occur on demand by a consumer.

(b)  Growlers shall only be filled or refilled by a permittee or the permittee's employee.

(c)  Prior to filling or refilling a growler, the growler and its cap shall be cleaned and sanitized by the permittee or the permittee's employee using one of the following methods:

(1)           Manual washing in a three compartment sink:

(A)          prior to starting, clean sinks and work area to remove any chemicals, oils, or grease from other cleaning activities;

(B)          empty residual liquid from the growler to a drain. Growlers shall not be emptied into the cleaning water;

(C)          clean the growler and cap in water and detergent. Water temperature shall be at a minimum 110ºF or the temperature specified on the cleaning agent manufacturer's label instructions. Detergent shall not be fat or oil based;

(D)          remove any residues on the interior and exterior of the growler and cap;

(E)           rinse the growler and cap in the middle compartment with water. Rinsing may be from the spigot with a spray arm, from a spigot, or from the tub as long as the water for rinsing is not stagnant and continually refreshed;

(F)           sanitize the growler and cap in the third compartment. Chemical sanitizer shall be used in accordance with the EPA-registered label use instructions and shall meet the minimum water temperature requirements of that chemical; and

(G)          a test kit or other device that accurately measures the concentration in mg/L of chemical sanitizing solutions shall be provided and be accessible for use; or

(2)           Mechanical washing and sanitizing machine:

(A)          mechanical washing and sanitizing machines shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer and shall be used according to the machine's design and operation specifications;

(B)          mechanical washing and sanitizing machines shall be equipped with chemical or hot water sanitization;

(C)          concentration of the sanitizing solution or the water temperature shall be accurately determined by using a test kit or other device; and

(D)          the machine shall be regularly serviced based upon the manufacturer's or installer's guidelines.

(d)  Notwithstanding Paragraph (c) of this Rule, a growler may be filled or refilled without cleaning and sanitizing the growler, as follows:

(1)           Filling or refilling a growler with a tube as referenced by Paragraph (e) of this Rule:

(A)          food grade sanitizer shall be used in accordance with the EPA-registered label use instructions;

(B)          a container of liquid food grade sanitizer shall be maintained for no more than 10 malt beverage taps that will be used for filling and refilling growlers;

(C)          each container shall contain no fewer than five tubes that will be used only for filling and refilling growlers;

(D)          the growler is inspected visually for contamination;

(E)           after each filling or refilling of a growler, the tube shall be immersed in the container with the liquid food grade sanitizer; and

(F)           a different tube from the container shall be used for each fill or refill of a growler; or

(2)           Filling a growler with a contamination-free process:

(A)          the growler shall be inspected visually for contamination;

(B)          for growlers that can be refilled, the process shall be otherwise in compliance with the FDA Food Code 2009, Section 3-304.17(C); and

(C)          for growlers that are for single use, the process shall be otherwise in compliance with the FDA Food Code 2009, Sections 4-903.11 and 4-903.12.

(e)  Growlers shall be filled or refilled from the bottom of the growler to the top with a tube that is attached to the malt beverage or unfortified wine faucet and extends to the bottom of the growler or with a commercial filling machine.

(f)  When not in use, tubes to fill or refill growlers shall be immersed and stored in a container with liquid food grade sanitizer.

(g)  After filling or refilling a growler, the growler shall be sealed with a closure or cap.

History Note:        Authority G.S. 18B-100; 18B-206(a); 18B-207; 18B-1001;

Temporary Adoption Eff. October 25, 2013;

Eff. September 1, 2014;

Transferred and Recodified from 04 NCAC 02T .0309 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017;

Temporary Amendment Eff. November 28, 2017;

Amended Eff. August 1, 2018.