§ 5.405. Sales for off-premises consumption.
(a) A limited winery may sell winery products for off-premises consumption as permitted under section 505.2(a) of the Liquor Code (47 P.S. § 5-505.2(a)).
(b) A limited winery may accept orders for the purchase of its winery products in person or through mail, telephone or the Internet. A limited winery shall make deliveries of winery products in accordance with § 5.407 (relating to delivery of products).
(c) A limited winery may employ individuals, known as agents, to solicit orders for winery products or promote the sale of winery products. The following apply:
(1) Agents may only advertise and promote the sale of winery products produced by the limited winery that has employed the agent. Agents may solicit orders from licensees and make deliveries on behalf of the limited winery in accordance with § 5.407.
(2) Agents may only sell, as that word is defined under section 102 of the Liquor Code (47 P.S. § 1-102), the limited winery’s products on the limited winery’s licensed premises, additional Board-approved location or a location that is covered by the limited winery’s wine exposition permit or farmer’s market permit.
(d) Under section 505.2(a)(4) of the Liquor Code, a limited winery may obtain a permit to participate in alcoholic cider, fermented fruit beverages, mead, wine and food expositions off the licensed premises. The following apply:
(1) Only the limited winery, including its employees and agents, may sell its winery products at a wine and food exposition.
(2) Sales of the limited winery’s products must occur on a location within the exposition that is covered by the limited winery’s wine exposition permit.
(e) Under section 505.2(a)(4.1) of the Liquor Code, a limited winery may obtain a permit to participate in one or more farmers’ markets at any given time and an unlimited number throughout the year. The following apply:
(1) Only the limited winery, including its employees and agent, may sell its winery products at a farmers market.
(2) Sales of the limited winery’s products must occur on a location within the farmers market that is covered by the limited winery’s farmers market permit.
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