Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

40 Pa. Code § 13.81. Promotion with licensees.

§ 13.81. Promotion with licensees.

 (a)  Each agent of a licensed vendor may use up to one case of each product of liquor sold by the licensed vendor to promote that product to licensees, as that term is defined in §  13.71 (relating to definitions), during any calendar month. The product shall be purchased only through the Board, at a State Liquor Store, if the product is available for purchase at a State Liquor Store, or through the Board’s special liquor order purchase process, if the product or desired bottle size is not available for purchase at a State Liquor Store, at the retail price plus any required taxes. The licensed vendor (or the licensed vendor’s authorized supervisor) shall be permitted to purchase and distribute the product to agents under the licensed vendor’s supervision.

 (b)  [Reserved].

 (b.1)  For promotion with licensees, agents shall only use product to give tastings, as provided in §  13.211 (relating to tasting events). Agents may not leave any bottle of product with a licensee, whether opened or unopened.

 (c)  The agent shall affix to each bottle, before promoting the product with a licensee, a separate label, or lettering on the commercial label, at least 1/4 inch high, reading: ‘‘For tastings only. Not to be sold. Possession of this bottle by licensee unlawful.’’

 (d)  Each licensed vendor shall keep, in hard copy or electronic media consistent with generally accepted accounting procedures, for a period of at least 2 years, a record of all bottles purchased, the names of the agents to whom samples were issued, and the quantity and products.

Authority

   The provisions of this §  13.81 amended under sections 207(i) and 208(j) of the Liquor Code (47 P.S. § §  2-207(i) and 2-208(j)).

Source

   The provisions of this §  13.81 amended December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337; amended January 20, 2023, effective January 21, 2023, 53 Pa.B. 501. Immediately preceding text appears at serial pages (341474) to (341475).

Cross References

   This section cited in 40 Pa. Code §  13.223 (relating to procurement of wine or spirits or both).



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