Q: When Is a Can Also a Bottle?
Jun. 08, 2015
A: When federal law says so.
With more craft breweries turning to cans instead of bottles as the vehicle to bring their products to the public, the recent rise in demand for a larger, growler-sized can, or Crowler, is unsurprising. Most notably, Oskar Blues Brewery, has found a strong following for their 32 ounce Crowlers among their fans.
As is the case with so many other natural next steps for the craft beer industry in the land of 10,000 lakes, however, Minnesota law appeared to be woefully behind the times on this trend. Local brewers seeking to sell Crowlers in Minnesota found themselves uncomfortably boxed in by the definition of a “growler” in Minnesota Statute 340A.285, which described the acceptable container as a “bottle” only. While it is likely that Crowlers had simply not been considered at the time that the law was drafted in this way, the narrow language nevertheless gave pause to brewers (and their attorneys) when considering whether the sale of Crowlers would be legal in Minnesota.
Good news on this question came on June 3, 2015, however, in a memo from Michael McManus, the Alcohol Enforcement Program Administrator from the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED). In the memo, AGED determined that although the language of Minn. Stat. 340A.285 “appears to exclude the use of cans,” there was no specific definition for the term “bottle” in Minnesota statutes. This leaves room to interpret the term “bottle” under the broad federal definition, which defines a bottle as “any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail.” Under the broad federal definition, Crowler sales are legal in Minnesota, according to the AGED.
And that, children, is where Crowlers come from. Shout out to our friends at Sociable Cider Werks who helped the AGED see the light. Excuse me while I go crack open a (very) tall cold one.