H1617B4544A07758 MSP:JSL 10/20/20 #90 A07758
AMENDMENTS TO HOUSE BILL NO. 1617
Sponsor: SENATOR REGAN
Printer's No. 4544
Amend Bill, page 1, line 16, by inserting after "laws,""
in preliminary provisions, further providing for definitions;
and,
Amend Bill, page 1, line 19, by inserting after "PROHIBITED,"
for brand registration,
Amend Bill, page 2, lines 1 through 3, by striking out all of
said lines and inserting
Section 1. The definitions of "alcoholic cider," "fermented
fruit beverage," "malt or brewed beverages" and "mead" in
section 102 of the act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, amended or added July 2, 2019 (P.L.324,
No.45), are amended to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Alcoholic cider" shall mean a beverage which may contain
carbonation in an amount not to exceed six and four tenths grams
per liter, produced through alcoholic fermentation, which is
primarily derived from apples, apple juice concentrate and water
or pears, pear juice concentrate and water, consisting of at
least one-half of one per centum, but not greater than eight and
one-half per centum, alcohol by volume and sold or offered for
sale as alcoholic cider and not as a wine[, a wine product] or
as a substitute for wine, in bottles, cases, kegs, cans or other
suitable containers of the type used for the sale of malt or
brewed beverages in this Commonwealth.
* * *
"Fermented fruit beverage" shall mean a beverage which may
contain carbonation in an amount not to exceed six and four
tenths grams per liter, produced through alcoholic fermentation
of fruit, fruit juice, fruit juice concentrate and water with or
without flavorings, consisting of at least one-half of one per
centum, but not greater than eight and one-half per centum,
alcohol by volume and sold or offered for sale not as a wine[, a
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wine product] or a substitute for wine, in bottles, cases, kegs,
cans or other suitable containers of the type used for the sale
of malt or brewed beverages in this Commonwealth.
* * *
"Malt or Brewed Beverages" shall mean any beer, lager beer,
ale, porter or similar fermented malt beverage containing one-
half of one per centum or more of alcohol by volume, by whatever
name such beverage may be called, and shall mean alcoholic
cider, fermented fruit beverage and mead.
* * *
"Mead" shall mean an alcoholic beverage produced by
fermenting a solution of at least fifty-one per centum honey,
water and other agricultural products and containing not more
than eight and one-half per centum alcohol by volume and sold or
offered for sale as mead and not as a wine[, a wine product] or
as a substitute for wine, in bottles, cases, kegs, cans or other
suitable containers of the type used for the sale of malt or
brewed beverages in this Commonwealth.
* * *
Section 1.1. Section 411(e) of the act is amended and the
section is amended by adding subsection to read:
Amend Bill, page 5, by inserting between lines 16 and 17
Section 1.2. Section 445 of the act is amended by adding a
subsection to read:
Section 445. Brand Registration.--* * *
(d) The label, product packaging and marketing materials for
alcoholic cider, fermented fruit beverage and mead that are used
in connection with the sale and distribution of alcoholic cider,
fermented fruit beverage and mead may refer to the product as
"wine-based," a "wine product" or in a similar manner or by a
similar name with the product still treated as a malt or brewed
beverage provided that the product is registered with the board
as a malt or brewed beverage as provided under this section. No
product that was sold in any Pennsylvania Liquor Store after
January 1, 2018, may be designated as a malt or brewed beverage.
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See A07758 in
the context
of HB1617