The 16 fluid ounce container limit

The size cap is one of the few numbers in the statute, which makes it easy to check and easy to fail if your cups were bought for on-premises service.

Regulations in our system last verified on August 29, 2026

The short answer

When a cocktail containing distilled alcohol is placed in a non-original container, the maximum container capacity is 16 fluid ounces. This is a cap on container capacity, not a recommended pour size.

How to read the cap

Applies to
Non-original containers used for mixed drinks with distilled spirits
Measured by
Container capacity, not the volume of liquid poured
Limit
16 fluid ounces
Does not cap
The number of separate compliant containers in an order

Capacity, not fill line

A 20 ounce container filled to 14 ounces is still a 20 ounce container. Audit the capacity printed on your packaging, or measure one with water.

A five-minute container audit

  1. Pull every container style your to-go station uses.
  2. Record the stated capacity of each one.
  3. Remove anything over 16 fluid ounces from the to-go station entirely.
  4. Confirm each remaining style also has a tamper-evident closure with no openings.

The size rules in force

16 Fluid Ounce Maximum

New Jersey law

New Jersey law caps a non-original cocktail container at 16 fluid ounces.

What to do: Confirm every to-go cocktail container you use holds 16 fluid ounces or less.

New Jersey S-4384 (2026) · Section 1 · NJ-CTG-005 v1

Closed and Sealed Container Required

New Jersey law

New Jersey law requires cocktails sold to-go to be in a closed and sealed container.

What to do: Move to a container that can be fully closed and sealed before it leaves your premises.

New Jersey S-4384 (2026) · Section 1 · NJ-CTG-003 v1

Official sources for this page

  • New Jersey lawS-4384 (2026)

    New Jersey S-4384 — Permanent Alcoholic Beverage To-Go Law

    New Jersey Legislature

    Effective August 28, 2026 · Status current · Verified in our system August 29, 2026

    View the official source
  • ABC guidanceAN 2020-06

    NJ ABC Advisory Notice AN 2020-06 — Cocktails-To-Go

    New Jersey Division of Alcoholic Beverage Control

    Effective June 2, 2020 · Status partially superseded · Verified in our system August 29, 2026

    View the official source
  • ABC guidanceGovernor press release, August 28, 2026

    Governor of New Jersey — August 28, 2026 Cocktails-To-Go Signing Announcement

    Office of the Governor

    Effective August 28, 2026 · Status current explanatory · Verified in our system August 29, 2026

    View the official source

Related guides

This page provides general regulatory information about New Jersey alcohol-to-go rules and is not legal advice. Requirements can change and can vary by license type and municipality. Confirm your situation with the New Jersey Division of Alcoholic Beverage Control or qualified counsel.