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: infotm@measurement.gov.au
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.