Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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40 Pa. Code § 9.33. Importation by distilleries.

§ 9.33. Importation by distilleries.

 (a)  A distillery holding a Manufacturer License may not import liquor from outside this Commonwealth nor purchase liquor from a resident manufacturer unless the distiller also holds an Importer License. When both licenses are held, liquor may be imported or purchased from a Commonwealth manufacturer, in bulk, to be used in the manufacture, rectification, blending and reduction in proof for straight bottling. Liquors which have been rebottled, as well as rectified and manufactured products, may be sold to the Board, exported to other states, or sold to the holder of an Importer License within this Commonwealth. The importation or purchase of liquor shall be for the sole use and benefit of the holder of the Manufacturer License, and the liquor so imported or purchased may not be resold in its original state.

 (b)  Commonwealth manufacturers holding Importer Licenses may purchase liquor in bulk from other manufacturers in this Commonwealth in accordance with the procedure in subsection (c).

 (c)  Bulk sales will be permitted only in quantities of 50 gallons or more for each sale. Manufacturers desiring to purchase liquor in bulk shall place their orders with the Purchasing Division of the Board. An order shall include the following:

   (1)  The name and address of the manufacturer.

   (2)  The name and address of the person or firm to which the order is directed.

   (3)  A description of the liquor desired.

   (4)  The manner in which the liquor is to be packed, including the size and number of containers.

   (5)  The manner in which the liquor is to be shipped, including the name of the carrier. If the carrier is a trucking company, it shall hold a valid transporter-for-hire license issued by the Board.

 (d)  Every order shall be accompanied by a remittance in the amount of $5.

 (e)  Upon approval by the Board of an order from a manufacturer, the order will be forwarded to the person or firm to which directed and the vendor will be notified to make shipment to the Board at the destination given in the order. The Board will also furnish the purchaser with a notice of release in duplicate, both copies of which shall be signed by the purchaser and surrendered to the carrier upon delivery of the liquor. The carrier shall then sign the original in the space provided and forward it to the Board, retaining the other copy for his file.

 (f)  The Board will not be liable to a vendor for the purchase price of liquor purchased in bulk or for transportation charges or claims, in connection therewith.

Source

   The provisions of this §  9.33 adopted June 26, 1952; amended through August 29, 1966; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890; amended March 12, 1993, effective March 13, 1993, 23 Pa.B. 1145. Immediately preceding text appears at serial pages (149741) to (149742) and (149771).



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