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Selling Low Fills

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  • Selling Low Fills

    I know I've seen some breweries sell low fills off their dock or tasting room and I've often wondered if the practice was legal. Does anyone have some insight on this? Seems to me that if the bottle is not a legal fill, it wouldn't be legal to sell, but then as long as you're advertising that it is a low fill and you're paying your taxes based on the stated volume, who would care?

    Corey

  • #2
    I'm pretty sure its illegal as the volume in the container is less than the label says it is. Personally I wouldn't take the risk to sell them out of the tasting room etc.
    Now if you're giving them away, that's a different story. Personally I don't know of any brewery that sells low fills. But I know several that give them to staff, and occasionally to regulars at the bar.
    Manuel

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    • #3
      "Low fills" cover a lot of territory. On our bottling line, more often than not, they are bottles exposed uncapped for too long due to a crowner jam. These will have DOs that are too high for our comfort, with the possibility of contamination from bacteria and wild yeast. I would never consider selling them. Our employees take them home, but know they should be consumed soon.

      For actual low low fills, yeah, that's false advertising if you sell them. High fills will get the TTB on your butt--they don't like you selling an untaxed ounce.
      Timm Turrentine

      Brewerywright,
      Terminal Gravity Brewing,
      Enterprise. Oregon.

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      • #4
        Originally posted by TGTimm View Post
        For actual low low fills, yeah, that's false advertising if you sell them. High fills will get the TTB on your butt--they don't like you selling an untaxed ounce.
        I presume this means if your tax determination is measured after bottling? In our case we tax determine on our serving tanks in the walkin and pay TTB on that. We then dispense to taps, kegs, and limited bottling from that beer. So I try to get as high a fill as I can.
        Dave Cowie
        Three Forks Bakery & Brewing Company
        Nevada City, CA

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        • #5
          We pay taxes on what leaves the brewery, by the case, six pack or keg. Packaging, and bottling/canning in particular, have some waste involved. Why pay taxes on something that isn't sold?
          Timm Turrentine

          Brewerywright,
          Terminal Gravity Brewing,
          Enterprise. Oregon.

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          • #6
            So I guess a follow up question is what exactly constitutes a low fill or a high fill? Is there a certain range that they are supposed to fall into? I know that the "average" fill should be what the stated contents say, but is there a standard for an allowable variation?

            Corey

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            • #7
              Timm is correct, the ttb ideal is paying Excise on what exactly leaves your brewery at the time it leaves. That said I do not do that either, they were fine with the way I do it, which is paying for every single drop that gets packaged. The VERY minor amount I over pay is for breakage, lab samples, and theft which can occur between the time it is packaged and the time it leaves the building sold. During the TTB audit I went thru, one item was a fill level log book. We did not have one, apparently we should have a log and test multiple times during the run. There is a very small under/over fill limit, but I can not remember it off the top of my head, this was not a show stopper violation. There are a ton of regs that only rain man can remember. My advise is do not piss off the TTB. They can make your life hell if they feel like it. I asked about low fills, employees are allowed to take them home. You are not allowed to sell them unless the correct FL OZ is stated on the label.
              Last edited by BrewinLou; 05-04-2017, 01:18 PM.
              Joel Halbleib
              Partner / Zymurgist
              Hive and Barrel Meadery
              6302 Old La Grange Rd
              Crestwood, KY
              www.hiveandbarrel.com

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