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PA Bulletin, Doc. No. 98-1648


Title 40--LIQUOR


[40 PA CODE CH. 11]

Wine in Kegs; Sale by Limited Winery Licensees

[28 Pa.B. 5103]

   The Liquor Control Board (Board) under the authority of section 207(i) of the Liquor Code (47 P. S. § 2-207(i)), adopts amendments to §§ 11.104 and 11.111 (relating to wine in kegs; and sale by limited winery licensees).

   The Board regulations amended by this order will permit the sale of sparkling grape wines, as defined in 27 CFR 4.21(b)(1)--(3) (relating to standards of identity), in glass containers larger than 5 liters by the Board's liquor stores and by Pennsylvania limited wineries for sale within this Commonwealth.


   Notice of proposed rulemaking was published at 28 Pa.B. 2591 (June 6, 1998), with a 30 day written public comment period.

   The Board received no comments either in support of or in opposition to the proposed amendments during the public comment period.

Fiscal Impact

   These final-form regulations will not impose additional costs on the regulated community, the State or local governments.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 11, 1998, the Board submitted a copy of the notice of proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Liquor Control and the Senate Committee on Law and Justice for review and comment. These final-form regulations were submitted to the Chairpersons of the Senate Committee on Law and Justice and the House Committee on Liquor Control and the IRRC on August 20, 1998.

   Under 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the House and Senate Committees on September 9, 1998, and were deemed approved by IRRC on September 10, 1998, in accordance with section 5.1(e) of the Regulatory Review Act.

Contact Person

   Persons requiring an explanation of the final-form regulations, or information related thereto should contact Jerry Danyluk, Liquor Control Board, Room 401, Northwest Office Building, Harrisburg, PA 17124-0001.


   The Board finds that:

   (1)  Public notice of intention to adopt amendments to the administrative regulations by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of the final-form regulations set forth in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.


   The Board, acting under the enabling statute, orders that:

   (a)  The regulations of the Board, 40 Pa. Code Chapter 11, are amended by amending §§ 11.104 and 11.111 to read as set forth at 28 Pa.B. 2591.

   (b)  The Board shall submit this order and 28 Pa.B. 2591 to the Office of the Attorney General for approval as to form and legality as required by law.

   (c)  The Board shall certify this order and 28 Pa.B. 2591 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.


   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 4845 (September 26, 1998).)

   Fiscal Note: Fiscal Note 54-54 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 98-1648. Filed for public inspection October 9, 1998, 9:00 a.m.]

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