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Feb 22, 2021

USDA Certified Organic Seltzers: One of a Kind?

Anheuser-Busch introduced its Michelob Ultra Organic Seltzer last month, advertising the beverage as the “First-of-its-kind organic option to the hard seltzer category,” “First USDA-certified organic seltzer,” “First National USDA Certified Organic Hard Seltzer,” and “First-ever national USDA certified organic hard seltzer.” » Read More

Mar 03, 2020

Ted Zeller and Matt Andersen in the News: New Craft Beverage Tastes Run Afoul of Distribution Laws

Oct 01, 2019

Breaking News: New Tax on Pennsylvania Brewery Sales Goes into Effect October 1, 2019

If you have been following this story for a while, you are keenly aware that the Pennsylvania Department of Revenue planned a change in policy for breweries’ direct sales to consumers.

Background

The story started in 2015 when this author obtained a letter from the Department of Revenue that suggested that breweries were exempt from paying tax on sales to consumers. » Read More

Sep 24, 2019

Pennsylvania Liquor Law Update: Acts 45, 48, and 57 Make Changes to Cider, Sound, Local Option, Nonalcoholic Malt or Brewed Beverages, and More

Recent history has taught liquor licensees and their attorneys to not get comfortable with current liquor law or regulation for too long without expecting change. As of August 31, 2019, Acts 45, 48, and 57 of 2019 brought more changes to the Pennsylvania Liquor Code. » Read More

Aug 01, 2019

Will Tennessee Wine Case Affect New Jersey Brewery Laws?

The recent SCOTUS decision in Tennessee Wine & Spirits Retailers Association v. Thomas (“Tennessee Wine”) stirred things up in the alcoholic beverage industry.  As my colleague, Matthew B. Andersen, discussed, in Tennessee Wine, the Supreme Court found that Tennessee’s residency requirement to hold a liquor license was unconstitutional because it was a protectionist measure (i.e., » Read More

Jul 03, 2019

Raise a Glass: Pennsylvania Breweries Avoid Excessive Sales Tax Under New Law

On June 28, 2019, Governor Wolf signed into law HB262, which amends the Tax Code for various reasons, but most importantly to the brewing industry, clarifies sales tax assessment for a brewery’s taproom sales to its consumers.

This journey for breweries in Pennsylvania began approximately five years ago when yours truly re-wrote a portion of the Liquor Code.  » Read More

Jul 03, 2019

In the News: New Pennsylvania Brewery Sales Tax

Theodore J. Zeller III, Esquire, a Member of Norris McLaughlin, P.A., and Chair of its Liquor Law Practice Group, was contacted to be interviewed by multiple local media sources regarding the new brewery sales tax bulletin as general counsel to the Brewers of Pennsylvania. » Read More

May 30, 2019

It’s Back: Controversial Special Ruling Defining Limited Brewery Activities Has Returned (With Changes)

In September 2018, the New Jersey Division of Alcoholic Beverage Control (ABC) issued, and quickly rescinded, a Special Ruling Authorizing Certain Activities by Holders of Limited Brewery Licenses. Amidst a media frenzy, the ABC decided that it should postpone the implementation of the Special Ruling so it could speak further with New Jersey’s limited breweries and other stakeholders in an effort to make the Special Ruling more palatable to the industry. » Read More