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Feb 07, 2019

ABC Relaxation of COLA Requirement for Intrastate Sales

Relax.  You may not always need a COLA to register your brand in New Jersey.

In a prior post, we talked about the need to obtain a COLA for New Jersey brand registration per New Jersey regulations, even if the brand is sold intrastate only, or just in your taproom (and therefore would not require a COLA under federal law).  » Read More

Jan 25, 2019

How to Prepare Your Brewery for an FDA Inspection

On October 12, 2018, I spoke at The Brewers of Pennsylvania 4th Annual Mid Atlantic Brewers’ Symposium about inspections of breweries by the United States Food and Drug Administration (“FDA”).  These inspections are still relatively new to breweries, but it is imperative that every brewery is prepared and compliant for the inevitable day the FDA comes to visit.  » Read More

Nov 26, 2018

Let Everyone Know They Can Bring Their Own Bottle: New Jersey Ban on BYOB Advertising Deemed Unconstitutional

Our restaurant clients – those who do not have a liquor license – frequently ask us about the BYOB rules in New Jersey.  What types of alcoholic beverages can customers consume on the premises?  (Wine and beer only.)  Can I charge a “corkage” or “service” fee to those bringing their own beer or wine to my restaurant?  » Read More

Nov 13, 2018

Pennsylvania New Distributor Packages, Slushies, and Food Health Safety Considerations

In Pennsylvania, consumers have enjoyed the benefits of new packaging opportunities offered by Pennsylvania Distributor Licenses under recent, dynamic changes to the Pennsylvania Liquor Code.  We have chronicled those changes previously in many different blogs including our slushy blog, which you can access here.  » Read More

Nov 12, 2018

Shake-Up at the New Jersey Division of Alcoholic Beverage Control: Graziano to Replace Rible as Director

On Friday, November 9, New Jersey Attorney General Gurbir S. Grewal announced that David P. Rible, New Jersey’s Director of the Division of Alcoholic Beverage Control since only July 2017, will be leaving his post.  The State’s official news release states that Director Rible is leaving to pursue other opportunities. » Read More

Oct 05, 2018

Malt Beverage Slushies: New Sales Privilege for Distributors or a Loose Definition of Growler?

Frankly, the answer is both.

Recently, a friend visited my hometown’s local beer distributor and was shocked to see machines churning brightly-colored Smirnoff slushies. The distributor’s employees were serving the slushies to customers in Styrofoam cups with lids and tape over the straw hole. » Read More

Sep 26, 2018

New Jersey Division of Alcoholic Beverage Control Issues Special Ruling Clarifying Privileges for Craft Brewers – Part 2: Permitted Activities

In Part 1 of this blog series, we provided an overview of the craft beer landscape in New Jersey, which led to the New Jersey Division of Alcoholic Beverage Control’s (“ABC”) issuance of the Special Ruling Authorizing Certain Activities by Holders of Limited Brewery Licenses (“Special Ruling”).  » Read More

Sep 25, 2018

New Jersey Division of Alcoholic Beverage Control Issues Special Ruling Clarifying Privileges for Craft Brewers – Part 1: Overview

Since the creation of the limited brewery license in New Jersey back in 2012, craft brewers have been waiting for guidance regarding what activities are permitted in their taprooms.  With no regulations enacted, many brewers felt they were operating in a “gray” area, and that enforcement of what conduct was, and was not, permissible was inconsistent and subjective.  » Read More

Sep 24, 2018

I’m Exempt from COLA Registration and Only Sell My Product in My State – Am I Exempt from Formula Approval?

In prior posts, we discussed whether federal Certificate of Label Approval (“COLA”) approval was necessary to obtain state label approval in New Jersey and Pennsylvania, even if the product is sold exclusively in your state.  We also discussed when the use of certain ingredients in beer triggers the need for formula approval.  » Read More

Sep 20, 2018

Do You Want to Sell a Martini at Your Brewery, Winery, or Distillery in Pennsylvania? The Vermouth and Other Alcoholic Mixers Must be Made in Pennsylvania

We have been asked the following question numerous times from clients: if there is not a distillery in Pennsylvania that makes a certain spirit, can we use one from out-of-state?  The answer is always no, because Pennsylvania manufacturers, such as a brewery, distillery, or winery, are not permitted to sell any distilled spirits that were not made by a Pennsylvania licensed distillery or limited distillery. » Read More

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