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PDFWAC 314-28-055

Requirements for contract production by craft distilleries.

(1) This section clarifies the language for contract production found in RCW 66.24.145. For the purposes of this section, contract production is when one craft distillery, referred to as the "contractor," produces distilled spirits for and sells contract distilled spirits to holders of distillers' or manufacturers' licenses including licenses issued under RCW 66.24.520, referred to as "contractee," and for export from the state. This distilled spirit is referred to as the "product."
(a) The contractee is the product owner. The contractee may handle the product under its license as RCW and WAC allow.
(b) The contractor is required to physically transport all contracted product to the contractee. The contractor is not allowed to distribute or retail the product.
(2) The contractor must submit a copy of the contract to the board prior to production. Any changes in the contract must also be submitted to the board prior to subsequent production. The board may require additional information.
(3) The contractor and contractee are required to obtain any federal approvals.
(4) Maintaining qualification as a craft distillery. Each craft distillery, whether in the capacity of a contractor or contractee, is allowed to produce one hundred fifty thousand gallons or less of total product per year. Total product, in this instance, includes:
(a) Product owned and produced by the craft distillery;
(b) Product owned and produced by the craft distillery for export from the state;
(c) Product owned by the craft distillery but produced by another craft distillery;
(d) Product produced by the craft distillery on behalf of another craft distillery;
(e) Product produced by the craft distillery under contract for another distillery, manufacturer, or grower.
(5) Recordkeeping.
(a) The contractor must submit, upon request by the board, records of all product produced including contract production.
(b) The contractee must submit, upon request by the board, records of the product contract produced by another craft distillery.
(c) The contractor's and the contractee's recordkeeping documents must include the product information for each contract. The information must show the quantities produced.
[Statutory Authority: RCW 66.08.030 and Blue Spirits Distilling, LLC v. WSLCB, 15 Wn. App. 2d 779, 478 P.3d 153 (2020). WSR 21-13-026, § 314-28-055, filed 6/9/21, effective 7/10/21. Statutory Authority: RCW 66.24.145 and 66.08.030. WSR 14-20-047, § 314-28-055, filed 9/24/14, effective 10/25/14; WSR 10-19-066, § 314-28-055, filed 9/15/10, effective 10/16/10.]
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