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Indiana Senate Bill 0255, effective July 1st:


Senate Bill 0255
2011 1st Regular Session
Latest Information
DIGEST OF SB255 (Updated April 12, 2011 5:29 pm - DI 84)

Carryout of alcoholic beverages. Allows the holder of a three-way permit issued for a premises within a city market to sell beer and wine for carryout. Excludes certain establishments from the application of a provision that: (1) makes it unlawful to sell beer in this state at retail in a bottle, can, or other container, unless the bottle, can, or other container was packaged and sealed by the brewer at the brewer's bottling house contiguous or adjacent to the brewery in which the beer was produced; and (2) makes it unlawful for a person to refill a bottle or container, in whole or in part, with an alcoholic beverage or knowingly possess a bottle or container that has been refilled, in whole or in part, with an alcoholic beverage after the container of liquor has been emptied in whole or in part.

What the he'll does that mean?
Bartenders have to give you a new glass for every draft beer?
Homebrewers can no longer recycle beer bottles that have a distinguishing manufacturer embossing/ stamp?

It is implied that the retailer or distributer not reuse/refill bottles or containers. This does not apply to homebrewers as there are separate state laws governing homebrewing and homebrewed products.
We need to be very careful about overreacting or spurious interpretations of these bills.

. Excludes.......;) certain establishments from the application of a provision that: (1) makes it (((unlawful))) to sell beer in this state at retail in a bottle, can, or other container, unless the bottle, can, or other container was packaged and sealed by the brewer at the

Excludes from ...makes it unlawful.
Doesn't that mean it is legal?

Or am I reading this wrong.

This is the Indiana Law regarding Home Brewing,

Indiana:

Statute:
IC 7.1-1-2-3

Exceptions:

Sec. 3. (a) The provisions of this title shall not prohibit the following:

(4) The manufacture of wine or beer that is not offered for sale and is used only for the following purposes:

(A) Personal or family use.

(B) Use in the residence of the person who manufactures the wine or beer.

(C) Use at organized affairs or exhibitions.

(D) Technical or sensory evaluations.

(E) Wine or beer educational seminars.

(F) Wine or beer competitions, including contests, tastings, or judgings.

(b) The transportation and the possession of alcoholic beverages described in subsection (a)(4) shall not be prohibited but shall be subject to the applicable provisions of this title.

IC 7.1-5-8-5

Taking alcoholic beverage on licensed premises; exceptions

Sec. 5. (a) This section does not apply to a person who, on or about a licensed premises, carries, conveys, or consumes beer or wine:

(1) described in IC 7.1-1-2-3(a)(4); and

(2) not sold or offered for sale.
Discussion

Paragraph IC 7.1-1-2-3 (a)(4) is the basic language that allows homebrewing for a fairly broad range of uses. Subparagraph (b) of this same part allows transportation of the homebrew off the premises where it was made. This was an important addition, as previously, it was illegal to take the homebrew away from the residence where it was made.

Paragraph 7.1-5-8-5 allows the homebrew to be taken into a premises with a liquor license, and consumed there consistent with the uses described in IC 7.1-1-2-3 (a)(4).

The legal standing of Homebrewing in Indiana was the result of three years hard work by Paul Edwards, Steve Jackson, Anita Johnson, Jim Johnson, and Julie Grelle., with the outstanding help of State Representative Brian Hasler (Evansville). Code became effective July 1, 1999.

I think the current Bill is only referring to Brewpub's and Micro Brewery's

Don wrote:. Excludes from ...makes it unlawful.
Doesn't that mean it is legal?

Or am I reading this wrong.

That's the way I read it, i.e., it makes it LEGAL for "certain establishments" to refill bottles, etc.

I know for the last 6 months or so Turoni's will not fill a grower unless it is theirs. At least in Newburgh. We got one for my wife's boss a couple of years ago and he used to take it there to fill it. A while back they said they could no longer fill his, BUT if he used theirs it was OK!

Hey,I just posted it as info; making no attempt to interpret.

link to the entire bill:

http://www.in.gov/legislative/bills/201 ... 0255.1.pdf

This came about to allow growler sales at the tap room in Indy's City Market. The tap room is a partnership between the brewers' guild and the market. It also makes it legal for Indiana breweries to sell growlers at other branches. We've been selling at these branches all along, but nobody realized it was illegal until the tap room was started.

As for as filling growlers from other breweries, it is only allowed if you completely cover the existing info on the bottle. Bottle contents have to be from the source listed on the bottle. To fill other growlers we need new front & back stick-on labels or better yet is an opaque wrap around label. We were
one of two or three Indiana breweries that were filling other growlers until I learned this at the guild meeting this year.