Subchapter D. TASTING EVENTS
GENERAL PROVISIONS Sec.
13.201. Definitions.
TASTING EVENTS
13.211. Tasting events.
IN-STORE TASTING EVENTS
13.221. General requirements.
13.222. Prior approval.
13.223. Procurement of wine or spirits, or both.
13.224. Duration of in-store tasting events.
13.225. Tastings per consumer.
13.226. Food, supplies and equipment.
13.227. Participation by Board employees.
13.228. Disposal and storage of partially-used liquor and empty containers.
13.229. Advertising.
Source The provisions of this Subchapter D adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139, unless otherwise noted.
GENERAL PROVISIONS
§ 13.201. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
In-store tasting events—Tasting/tasting events held upon the premises of a State Liquor Store.
Sponsor—A sponsor of a tasting event may be any licensed vendor, importer, distributor, importing distributor or manufacturer or its agent or employee who is 21 years of age or older.
Standard size alcoholic beverage—A standard size alcoholic beverage is 12 fluid ounces of a malt or brewed beverage, 4 fluid ounces of wine (including fortified wine) or 1 1/2 fluid ounces of spirits.
Tasting/tasting events—A presentation of alcoholic products to the public for the purpose of market research, disseminating product information and education of the public as to quality and availability.
Authority The provisions of this § 13.201 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.201 amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears on serial page (337282).
Cross References This section cited in 40 Pa. Code § 3.93 (relating to breweries).
TASTING EVENTS
§ 13.211. Tasting events.
(a) Tastings may be conducted by sponsors upon licensed or unlicensed premises.
(b) Sponsors conducting a tasting event shall adhere to the following requirements:
(1) Products used shall be legally procured and properly registered and taxes on the products shall be paid.
(2) Purchase requirements may not be associated with the tasting.
(3) Products offered will not exceed a standard size alcoholic beverage for that product. For example, if wine is offered, each glass of each wine offered to a participant will not exceed 4 ounces in volume. A tasting event comparing a brand of Chardonnay from California to a brand of Chardonnay from France would allow the participant to receive one 4-ounce glass of each Chardonnay.
Authority The provisions of this § 13.211 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 13.211 amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears on serial page (337282).
Cross References This section cited in 40 Pa. Code § 3.93 (relating to breweries); 40 Pa. Code § 5.402 (relating to tasting samples); and 40 Pa. Code § 13.81 (relating to promotion with licensees).
IN-STORE TASTING EVENTS
§ 13.221. General requirements.
(a) Sponsors may conduct an in-store tasting event at the discretion of the Board.
(b) Only one sponsor may conduct an in-store tasting event at any one store at any one time unless otherwise approved by the Board.
(c) Sponsors shall observe all State and Federal laws and regulations governing liquor and wine during in-store tasting events.
(d) The Board may conduct its own in-store tasting event with or without the participation of a sponsor.
Authority The provisions of this § 13.221 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 13.221 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2250. Immediately preceding text appears at serial pages (307862) to (307863).
§ 13.222. Prior approval.
(a) Sponsors shall obtain approval from the Board to conduct an in-store tasting event prior to the date of the proposed event.
(b) Prior to the in-store tasting event, sponsors may be required to demonstrate evidence of liability insurance in an amount to be determined by the Board and sign and submit a Pennsylvania Liquor Control Board Indemnity Against Liability form to the Board.
(c) Prior to the in-store tasting event, sponsors shall provide the Board with a list of products to be tasted by consumers.
(d) The Board will determine the time, date, and location of the in-store tasting event and will notify the sponsor of same.
§ 13.223. Procurement of wine or spirits, or both.
(a) Wine or spirits used during the in-store tasting events shall be procured by the sponsor in accordance with the sampling process as specified in § 13.81 (relating to samples of liquor), by purchase from the Board or the sponsor may provide and transport the wine and spirits from its own stock.
(b) A maximum of four products per sponsor per in-store tasting event may be made available for tasting by consumers.
(c) Wine and spirits used during an in-store tasting event shall be dispensed from original containers prepared by the manufacturer with labels visible to the consumer.
Authority The provisions of this § 13.223 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 13.223 amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears on serial page (334021).
§ 13.224. Duration of in-store tasting events.
The duration of an in-store tasting event is limited to a maximum of 2 consecutive hours.
§ 13.225. Tastings per consumer.
(a) In the case of wine, only 1 ounce may be served to any one consumer for each product tasted. A consumer may not be furnished more than 4 ounces of wine.
(b) In the case of spirits, only 1/4 ounce may be served to any one consumer for each product tasted. A consumer may not be furnished more than 1 ounce of spirits.
§ 13.226. Food, supplies and equipment.
(a) The sponsor is responsible for providing all supplies and equipment associated with an in-store tasting event subject to Board approval, including dump buckets, water glassses, tasting containers and tables.
(b) The sponsor shall provide food, such as cheese and crackers, for consumption by consumers during the in-store tasting event.
(c) The sponsor shall be in compliance with applicable municipal health codes.
§ 13.227. Participation by Board employees.
(a) Board employees may pour, dispense or serve tastings to the public.
(b) Board employees may give general information, such as sponsor, time and date, regarding the in-store tasting event to the public.
(c) On-duty employees of the State Liquor Store where the in-store tasting event is being conducted may not consume beverage alcohol.
Authority The provisions of this § 13.227 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 13.227 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2250. Immediately preceding text appears at serial page (307864).
§ 13.228. Disposal and storage of partially-used liquor and empty containers.
(a) At the conclusion of the in-store tasting event, sponsors shall either discard unused portions of opened liquor containers at the State Liquor Store or may reseal the partially-consumed liquor containers. The resealed partially-used containers shall be placed in storage at the store for use at a subsequent store tasting or may be removed from the premises. No partially-consumed liquor containers may be placed in storage at a store for more than 15 days. After 15 days, partially-used containers of liquor may be discarded by the Board.
(b) Sponsors shall dispose of all empty liquor containers in accordance with section 4-491(5) of the Liquor Code (47 P. S. § 4-491(5))
(c) Resealed partially-used containers may not be furnished to employees of the Board or any other person and may only be used for a subsequent in-store tasting.
Authority The provisions of this § 13.228 amended under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 13.228 amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears on serial page (334022).
§ 13.229. Advertising.
Advertising of the in-store tasting event by the sponsor is subject to prior Board approval.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
