- paulswansen / Foter / CC BY-ND
A law that allowed the sale of beer only by the case is headed out the door in Pennsylvania.
The Office of Chief Counsel of the Pennsylvania Liquor Control Board today released an opinion that will allow 12 packs to be sold by private distributors, sometimes known as outlets.
A Monroe, PA brewery, FYBOMAX Inc. asked if the brewery could “prepare a single large container of malt or brewed beverages consisting 12 smaller containers, each holding approximately 12 fluid ounces, designed to be sold as a single unit.” Two other distributors made a similar 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.”
According to the ruling “because the 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.
The 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.
The law, along with state-owned liquor stores that are reputed to have high prices, have led to customers coming to Delaware and adjacent states to buy beer and liquor, even though the practice is illegal. The boom in higher priced craft beer has also led to consumers mixing and matching brews at liquor stores, or buying smaller quantities, such as six packs.
The state stores and their unionized staffs have formed a formidable presence in Pennsylvania. So far efforts to privatize liquor stores have fallen short.
