Who would oppose legalizing 64-ounce beer growlers in Florida?

A growler is a reusable bottle that is filled at the tap. It allows people to take draft beer home to drink. Craft breweries want to be able to fill the size of growler (64 ounces) that's legal in most other states. A bill to legalize the growlers is making its way through the Legislature.

The effort has picked up some opposition, namely the Florida Beer Wholesalers Association, an association of 24 Florida beer distributors, including all the Anheuser-Busch distributors in the state. It's the same group that once opposed lifting the bottle law restrictions that limited Florida beer bottles to 8, 12, 16 and 32-ounce sizes. That 2001 change is frequently credited by others and myself as kicking off the Sunshine State's craft beer renaissance.

The Beer Industry of Florida, a smaller association that represents other distributors, has come out in support of the measure.

Why would the Florida Beer Wholesalers Association be against it? It turns out the issue isn't as cut-and-dry as it might appear. In fact, looking at the current law, you could make an argument that breweries, which are selling 32- and 128-ounce growlers, should not be selling any beer to go.

First, a little background on how beer is sold in Florida. It's a three-tier system. Breweries sell their beer to distributors, who then sell to vendors, who then sell to consumers. Breweries generally cannot sell directly to consumers, and vendors can't buy beer from breweries. Both must go through distributors, who can't sell to consumers or make their own beer. The three-tier system was set in place by the federal government after Prohibition in part to prevent alcohol manufacturers from controlling bars.

So you can see why some distributors would be opposed to breweries selling to consumers: It cuts them out of the deal.

Breweries are selling growlers, bottles, kegs and cans directly to consumers by using an exception in the law that was set up years ago for Busch Gardens. If a brewery promotes tourism (offering tours), they argue, they can sell directly to drinkers. But that exception isn't as clear as it could be.

Mitch Rubin, Florida Beer Wholesalers Association executive director, says the growler bill is putting the cart before the horse, because the bill doesn't say who can or cannot sell growlers.

“We want clarification of the law at the same time the 64-ounce container is approved," Rubin said in a phone interview today.

His group wants to uphold the current regulatory system and worries about breweries being able to get around the three-tier requirement.

“How do you maintain a system when everybody gets to do whatever they want?” he asked.

So it's not just 64-ounce growlers, but more of an issue of who can sell them.

Rubin's group has helped craft an amendment to the bill that would legalize the sale of 64-ounce growlers while placing new restrictions on breweries and brewpubs.