Distributor Shipping Beer Out of State – We have been asked by some members about the possibility of shipping beer and malt or brewed beverages into other states. The Liquor Code and the PLCB Regulations do not regulate the export of beer from Pennsylvania to other states; and the PLCB, Office of Chief Counsel has previously opined that distributors are free to conduct legal commerce with parties outside of Pennsylvania at their discretion. However, exporting beer from Pennsylvania to another state would require compliance with the requirements of the state where the beer will be delivered. A distributor would have to contact the appropriate liquor regulatory agency in each state to find out what their requirements are before attempting to send shipments of beer there. It would also be prudent to check with the United States Alcohol and Tobacco Tax and Trade Bureau to make sure there are no federal implications based upon the specific fact scenario. Additionally, while in Pennsylvania, beer may only be transported by distributors or properly licensed Class A or B transporters-for-hire. So, even if a state would permit the shipment of beer there, a Pennsylvania distributor would have to transport the beer itself, or use a properly licensed transporter-for-hire to transport the beer while in Pennsylvania. Our members are cautioned to consult with private counsel before embarking on this type of endeavor.
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