§ 26:351 — Limitation on size of containers of beverages of high alcoholic content; standards of

Louisiana § 26:351

• Jurisdiction: Louisiana
• Title 26: Liquors - Alcoholic Beverages

Text

§351. Limitation on size of containers of beverages of high alcoholic content; standards of
fill
Except for wines, no manufacturer or wholesaler in this state shall have in his
possession any beverages of high alcoholic content outside of his bonded stockroom unless
they are in containers of no greater capacity than one and seventy-five one hundredths liters.
The standards of fill shall be the following:
(1)(a) All distilled spirits sold in or shipped into this state shall be in the following
containers: One and seventy-five hundredths liters, one liter, seven hundred fifty milliliters,
seven hundred milliliters, five hundred milliliters, three hundred seventy-five milliliters, two
hundred milliliters, and fifty milliliters.
(b) If any supplier ships a particular brand of a distilled spirit into this state in a three
hundred seventy-five milliliter container, he shall thereafter be prohibited from shipping that
brand of beverage into the state in a five hundred milliliter container.
(c) If any supplier offers for sale in this state a particular product of a distilled spirit
in a seven hundred fifty milliliter container, the particular product of distilled spirit shall not
also be offered for sale in a seven hundred milliliter container at the same time, provided the
supplier is given time to fully transition.
(2)(a) All wine, sold in or shipped into this state shall be in the following containers:
twenty liters, nineteen and five-tenths liters, eighteen liters, seventeen liters, sixteen liters,
fifteen liters, fourteen liters, thirteen liters, twelve liters, eleven liters, ten liters, nine liters,
eight liters, seven liters, six liters, five liters, four liters, three liters, one and five-tenths liters,
one liter, seven hundred fifty milliliters, five hundred milliliters, three hundred seventy-five
milliliters, three hundred fifty-five milliliters, two hundred fifty milliliters, and one hundred
eighty-seven milliliters.
(b) "Vintage wines"--wines bottled prior to December 31, 1978 may be shipped into
the state in containers not less than the equivalent of one hundred eighty-seven milliliters
provided the proper proof of bottling dates is furnished in writing to the secretary in advance
of the shipment and provided the secretary authorizes in writing that this merchandise may
be shipped into the state.
(c) The provisions of this Section shall not apply to the imported alcohol beverage
"Sake".
(3)(a) Distilled spirits, whether domestically bottled or imported, subject to the
metric standard of fill prescribed in Paragraph (1) of this Section shall be packed with the
following number of containers per shipping case or container:
Container sizes Containers per case
1.75 liters 6
1.00 liters not more than 12
750 milliliters not more than 12
700 milliliters not more than 12
375 milliliters not more than 24
355 milliliters 24
200 milliliters not more than 48
100 milliliters not more than 48
50 milliliters 60
50 milliliters 120
(b) For purposes of this Paragraph, "container" shall mean any receptacle produced
and manufactured with any substance used to package distilled spirits for delivery to the
public.
(c) The provisions of this Paragraph shall not apply to package spirit-based beverages
with an alcohol content below six percent.
(4)(a) Wines bottled subject to the standards of fill prescribed in Paragraph (2) of this
Section shall be packed with the following number of containers per shipping case or
shipping container:
Container sizes Containers per case
5 through 20 liters 1
4 liters 4
3 liters not more than 6
1.5 liters not more than 6
1 liter not more than 12
750 milliliters not more than 12
500 milliliters 12
375 milliliters 24
355 milliliters 24
250 milliliters 24
200 milliliters not more than 48
187 milliliters 48
(b) For purposes of this Paragraph, "container" shall mean any receptacle produced
and manufactured with any substance used to package wine for delivery to the public.
(5) Upon application, in duplicate, approved by the secretary, the bottles per case
requirements set forth in Paragraphs (3) and (4) of this Section may be waived if good cause
can be shown by the bottler or importer.
(6) Any standard of fill as to size of containers for beverages of high alcoholic
content approved by the United States Treasury Department, Bureau of Alcohol, Tobacco
Tax and Firearms may be shipped into the state of Louisiana for the purposes of storage for
shipment beyond the borders of the state of Louisiana. Only those sizes listed in Paragraphs
(1), (2), (3), and (4) of this Section may be sold under the provisions of these Paragraphs to
licensed retail dealers or to licensed wholesale dealers who are licensed in the state of
Louisiana.
(7) Repealed by Acts 2020, No. 319, §2.
(8) Notwithstanding the provisions of this Part or any other provisions of law to the
contrary, the secretary may, for good cause shown, after proper application by a bottler or
importer and an official hearing, waive the container limitations for a period not to exceed
seven consecutive days. Only standards of fill as to size of containers for beverages of high
alcoholic content approved by the United States Department of the Treasury, Bureau of
Alcohol, Tobacco and Firearms may be allowed, provided these fill allowables are not in
conflict with this Section.
(9) The container restrictions provided for in this Section shall not apply to cider
products.
(10) No container sold in or shipped into this state shall include powdered alcohol.

Legislative History

Amended by Acts 1964, No. 384, §1; Acts 1972, No. 73, §1; Acts 1974, No. 350, §1; Acts 1975, No. 252, §1; Acts 1976, No. 297, §1; Acts 1978, No. 441, §2, eff. Jan. 1, 1979; Acts 1979, No. 358, §1; Acts 1981, No. 504, §1; Acts 1983, No. 457, §1; Acts 1984, No. 268, §1; Acts 1987, No. 696, §1; Acts 1988, No. 526, §1, eff. July 1, 1988; Acts 1990, No. 285, §1; Acts 1993, No. 1011, §1; Acts 1995, No. 408, §1; Acts 2011, 1 st Ex. Sess., No. 31, §1; Acts 2014, No. 18, §1; Acts 2014, No. 688, §1, eff. June 18, 2014; Acts 2017, No. 95, §1; Acts 2020, No. 319, §§1, 2; Acts 2023, No. 365, §1, eff. June 14, 2023; Acts 2024, No. 382, §1; Acts 2025, No. 310, §1.