May 29, 2022

Volume XII, Number 149

Advertisement
Advertisement

May 27, 2022

Subscribe to Latest Legal News and Analysis

May 26, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Your State Store Won’t but Your Local Breweries Will

Due to the coronavirus (COVID-19) outbreak, Pennsylvania state stores have shuttered and buying alcohol is limited, at best. In addition, fans of Pennsylvania craft breweries, like ourselves, have been shut out of visiting our favorite taprooms. Prior to this, there were some breweries that shipped directly to consumers across the state through well-planned and set up third-party shipping services. However, this crisis coupled with Pennsylvania’s reinstatement of Prohibition for spirits has significantly increased demand. This demand has led more breweries to deliver directly to Pennsylvania consumers during this outbreak. Unfortunately, the third-party shippers in existence already had a limited capacity to take on more clients and orders.

UPS Shipping for Pennsylvania Breweries

Thanks to the advocacy by our office on behalf of the Brewers of Pennsylvania, UPS has corrected its shipping rules to allow Pennsylvania licensed breweries to ship directly to consumers through its platform and shipping services. Prior to this, although shipping was permitted in Pennsylvania of breweries products, companies such as UPS were not taking shipments because of their belief it was not legal. We are happy to report that this has changed, and we will hopefully see many more UPS drivers delivering beer packages (or porch bombs as they are creatively known in the industry) direct to consumers.

Now, into the legal fine print of this all. Generally, Pennsylvania licensed breweries are permitted to sell their own products for on-premises and off-premises (to-go) consumption to consumers. Additionally, breweries are permitted to deliver and transport their own products without obtaining any additional licensing, which is why you will see many breweries doing local deliveries. Due to their ability to sell their own products to-go, the option of shipping products throughout Pennsylvania direct to consumers is legal but must be shipped by licensed third-party shippers. The major shipping companies did not previously permit breweries to ship through them, but now we know at least UPS will.

Retail Licensees and Distributors Can Deliver, Too

In addition to breweries, and for those seeking beer products that are not made by Pennsylvania breweries, Pennsylvania retail licensees and distributors have the ability to sell all beer to-go, which permits them to ship products, as well through licensed shipping companies. Retail licensees can obtain a transportation license and do the shipping or delivery themselves and the distributor’s licenses permit them to deliver as well. Regardless, the same third-party shipping services can be utilized by retail licensees and distributors. There are other factors that come into play with territories these types of licensees can ship to and quantity limitations for retailers, but that is for another blog post. For Pennsylvania breweries, beer can be delivered anywhere in the Commonwealth in unlimited quantities.

In short, there are many options to get high-quality craft beer directly shipped to your doorstep. We are hopeful that UPS opening shipments for breweries will increase their options of selling products during these times and will further increase consumer access to these products. Stay safe everyone.

©2022 Norris McLaughlin P.A., All Rights ReservedNational Law Review, Volume X, Number 114
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Theodore Zeller Attorney Norris Law Firm
Member

Theodore J. Zeller III has extensive experience in liquor law, regulatory licensing, commercial transactions, real estate transactions, and litigation.

Chair of the firm’s Liquor Law Practice Group, Ted was lead counsel in a beer rights case brought against the world’s largest brewers and is now General Counsel to D.G. Yuengling & Son, Inc.

Ted’s lobbying efforts helped change various laws under the Pennsylvania Liquor Code. In 2010, Ted testified before the Senate Law and Justice Committee on behalf of Yuengling Brewery concerning House Bill 291, which addresses the...

(484) 765-2220
Advertisement
Advertisement
Advertisement