FOR IMMEDIATE RELEASE
March 6, 2015
Pennsylvania Liquor Control Board Clarifies the Size of Malt or Brewed Beverage Containers That Can be Sold in the Commonwealth
Harrisburg – The Office of Chief Counsel of the Pennsylvania Liquor Control Board today released a legal advisory opinion in response to inquiries from several licensees pertaining to malt or brewed beverage containers sold by a beer distributor.
In July 2014, an attorney for a Monroeville brewery, FYBOMAX INC. (LID 57763), asked the PLCB if the brewery could, under the Pennsylvania Liquor Code and PLCB regulations, “prepare a single large container of malt or brewed beverages consisting of twelve (12) smaller containers, each holding approximately twelve (12) fluid ounces, designed to be sold as a single unit.”
The Board recently received a similar request for an advisory opinion from two beer distributors, Save-Mor Beer & Pop Warehouse Inc. (LID 29477) and Nancy Pistella (LID 4707). According to the Liquor Code, the Board or its Chief Counsel must issue advisory opinions upon request.
Under the Liquor Code, breweries, malt or brewed beverage distributors and importing distributors can sell malt or brewed beverages to the public in two configurations: “case” quantities or “original containers containing at least 128 fluid ounces.”
Because the inquiring brewery’s proposed “single large container” would consist of 144 ounces of malt or brewed beverages, it exceeds the volume (128-ounce) requirement for an “original container,” so it would be permissible to market and resell it to other distributors and importing distributors as a single “original container” as prepared by the manufacturer.
Those single large containers cannot be separated or modified by anyone except the ultimate consumer.
Practically, this advisory opinion clarifies existing law by informing brewers that they may sell “original containers” as long as the container contains at least 128 fluid ounces, for example a 12-pack, to distributors that may be resold “as is” to consumers. No modifications to existing inventory held by distributors and importing distributors is allowed.
Well that’s a lot of mumbo jumbo. What does this mean?
The PLCB decision today will allow manufacturers to determine the types of packages they produce to be sold by distributors as long as the package is over 128 ounces. This means most immediately, that any package containing more the 12 cans or bottles that are 12 ounces will be able to be sold by distributors. They will also be able to sell 15, 18, and 21 packs, and theoretically 6 packs of 22 ounce bottles and so on…