To address any uncertainty in the market about the application of trade measurement law to takeaway containers such as ‘Growlers’ and ‘Squealers’, the National Measurement Institute has prepared the attached advice to clarify the policy on the sale of non-packaged beer.

Sale of beer in takeaway containers

Under  trade  measurement  law,  beer,  stout  and  ale  must  be  sold  at  a  price  determined  by reference to volume.

When beer is sold on tap at a licensed premise, this usually involves serving the beer in an approved batch-tested glass or jug with the volume marked in millilitres (mL) or litres (L).

In recent years,  there has been  an increasing trend for some beers, particularly ‘boutique’ or ‘craft’ beers, to be sold on tap in takeaway containers that are not approved as a measuring
instrument.

To address any uncertainty in the market about the application of trade measurement law  to takeaway containers of this sort, NMI has prepared this advice to clarify the policy on the sale
of non-packaged beer.

Currently, these takeaway containers are most frequently known as ‘Growlers’ (nominally 1.89 L) and ‘Squealers’ (nominally 946 mL). The information in this advice also applies to all similar takeaway containers regardless of their particular description or nominal volume.

Your Responsibilities:

• Beer must be sold at a price determined by reference to volume (eg: a ‘Growler’ is 1.89 L)
• The volume supplied must be correct.
• A  takeaway  container  is  only  considered  to  be  a  receptacle  and  not  a  measuring instrument.
• If the volume supplied is determined by a measuring instrument, which includes volume measures,  that  instrument  must  be  of  a  pattern  approved  by  NMI  and  verified  by  a
  servicing licensee authorised by NMI.
• If the measuring instrument is not readily visible during purchase, a written statement of the  volume  must  be  provided  at  the  time  of  purchase.  The  written  statement  may  be
  provided in a number of formats, including a receipt or swing tag on the bottle.
• There is no requirement to advertise a unit price. If a unit price is advertised, however, it must be expressed as a price per litre.
• Where  a container is filled in advance ready for sale, that container is considered to be a pre-packaged product and must comply with the legislative requirements for pre-packaged
  products.

National Measurement Institute

Bradfield Road, Lindfield, NSW 2070
Phone: 1300 686 664
PO Box 264, Lindfield, NSW 2070
Email: [email protected]
www.measurement.gov.au

The purpose of this  communication  is to provide you with general information only and should not be relied upon for any legal, business or personal purpose. Nothing in this  communication  shall be taken in any way to replace the provisions of the  National Measurement Act 1960  (Cth), the  National Trade Measurement  Regulations  2009  (Cth)  and  any  other  legislative  instruments  made  pursuant  to  the National Measurement Act 1960.