PA Wine Comp

[SBWs]

I was to Flavor Fest this weekend here in PA. According to their web site they had a amateur wine making contest. Results are posted here http://www.parenfaire.com/flavorfest/competitions.html I have a question; Is it legal to have a amateur wine making contest in PA? I heard it wasn't but it seems there are a few popping up in the state lately.

 

[AlFulchino]

your signature line w the quote from Mark Twain caught my eye....and how it is juxtaposed in a post about wine competitions

 

[Runningwolf]

Scott there are all kind of amatuer wine competitions in PA. Almost every county fair has them. I entered at least four last year and will be entering more this year. They are a lot more fun then the big competitions. Local competitions cost me $.25 to $2.00 entry fee, I met a lot of great wine makers and got to sample everything entered at two of them. Big competitions cost $10.00-$25.00 per entry plus shipping. Some of the bigger ones request two bottles of each entry. They are too far away for me to attend.

Ok I got off track but wanted to give you a bit of info about local competitions in PA and everywhere else.

 

[Flem]

I was to Flavor Fest this weekend here in PA. According to their web site they had a amateur wine making contest. Results are posted here http://www.parenfaire.com/flavorfest/competitions.html I have a question; Is it legal to have a amateur wine making contest in PA? I heard it wasn't but it seems there are a few popping up in the state lately.

Scott, I didn't see your name listed in the "results". Did you enter the Competition?

 

[Runningwolf]

Scott, I didn't see your name listed in the "results". Did you enter the Competition?

WOW what a way to beat a guy up, if he did enter!

 

[SBWs]

Mike, No, I didn't know about it until the day before, had to have entries in by the 21st of May. The Bloomsburg Fair up this way plans on having one this year. I may try my luck at it if they do.

 

[Flem]

WOW what a way to beat a guy up, if he did enter!

He might have entered under an alias---Smart Arse!!! LOL

 

[sly22guy]

Under an Alias now thats a good idea! lol I know the Harrisburg farm show has one each year also. I won't be entering any for a couple more years, need to let the stuff ive made age and I still have another 2 years till my grapes will be ready. Guess i could enter some fruit ones.

 

[Runningwolf]

Sly, I think the PA Farm show is for commercial wine only or is the Harrisburg farm show not the same one you're talking about.

 

[sly22guy]

oh yeah i was talking about the pa farm show, but i thought they had a section for homemade wines also?

 

[Runningwolf]

I looked into it last year as I was thinking of entering but I did not see anything for amateur. If you do let me know.

 

[eboobi]

The law in PA states that you can produce wine but you are not allowed to transport it from the premises that it was manufactured. Beer/malted beverages may be transported within the PA borders. So to answer your question it is likely illegal to take home made wine to a competition if you don't have the LCB tax stamp. Is it enforced? I'm not sure if they have made some exemption for competitions or not. But the original statute is pretty clear and the LCB is not known for its restraint. I'd like to know if there has been any exemptions made myself.

 

[ffemt128]

The law in PA states that you can produce wine but you are not allowed to transport it from the premises that it was manufactured. Beer/malted beverages may be transported within the PA borders. So to answer your question it is likely illegal to take home made wine to a competition if you don't have the LCB tax stamp. Is it enforced? I'm not sure if they have made some exemption for competitions or not. But the original statute is pretty clear and the LCB is not known for its restraint. I'd like to know if there has been any exemptions made myself.

Not doubting you but can you state where it says that you cannot transport from where it is manufactured? If that is the case you could not even take your homemade wine off the manufacturing premises for any reason. I would be interested in reading the statute.

Googling now and finding article that actually state this. Interesting.

Thanks

 

[eboobi]

It is in this nonsense somewhere. I read it a few months ago and haven't dug out the exact reference.

http://www.portal.state.pa.us/portal/server.pt/community/pennsylvania_liquor_code/18291

I reread some of it and there is an exclusion for competitions.

Possession or transportation of liquor or alcohol

(2) For any person, except a manufacturer or the board or the holder of a sacramental wine license or of an importer's license, to possess or transport any liquor or alcohol within this Commonwealth which was not lawfully acquired prior to January first, one thousand nine hundred and thirty-four, or has not been purchased from a Pennsylvania Liquor Store or a licensed limited winery in Pennsylvania, except in accordance with section 488 or the board's regulations. In addition, it shall be lawful for anyone to possess miniatures totaling less than one gallon purchased in another state or a foreign country. The burden shall be upon the person possessing or transporting such liquor or alcohol to prove that it was so acquired. Notwithstanding this section or any other provision of the law, wine may be produced by any person without a license if the wine is not produced for sale and total production does not exceed two hundred gallons per calendar year. Wine produced in accordance with this clause may be used at organized affairs, exhibitions, competitions, contests, tastings or judgings if it is not sold or offered for sale.

 

[ffemt128]

It is in this nonsense somewhere. I read it a few months ago and haven't dug out the exact reference.

http://www.portal.state.pa.us/portal/server.pt/community/pennsylvania_liquor_code/18291

I reread some of it and there is an exclusion for competitions.

Possession or transportation of liquor or alcohol

(2) For any person, except a manufacturer or the board or the holder of a sacramental wine license or of an importer's license, to possess or transport any liquor or alcohol within this Commonwealth which was not lawfully acquired prior to January first, one thousand nine hundred and thirty-four, or has not been purchased from a Pennsylvania Liquor Store or a licensed limited winery in Pennsylvania, except in accordance with section 488 or the board's regulations. In addition, it shall be lawful for anyone to possess miniatures totaling less than one gallon purchased in another state or a foreign country. The burden shall be upon the person possessing or transporting such liquor or alcohol to prove that it was so acquired. Notwithstanding this section or any other provision of the law, wine may be produced by any person without a license if the wine is not produced for sale and total production does not exceed two hundred gallons per calendar year. Wine produced in accordance with this clause may be used at organized affairs, exhibitions, competitions, contests, tastings or judgings if it is not sold or offered for sale.

I was reading the code and that's how I interpreted it. Homemade wine can be used and transported provided it is not being sold.

The first thing that comes up is the issue on Winepress where in 2006 (i believe) they wanted to have a tasting in Phily and were told by the attorney for PLCB that transportation of homemade wine was illegal in PA if possessed off the manufacturing property. Based on the bolded statute above, apparently the attorney didn't quite research the law enough prior to opening his mouth.

 

[eboobi]

It is very strange how things are interpreted by lawyers. If your group were to have such an event I would say that the event must be specifically designed and advertised as one of the exceptions otherwise the LCB may take exception to it. They are pretty difficult to deal with. My wife actually used to work for them. Thankfully that has ended.

 

[ffemt128]

It is very strange how things are interpreted by lawyers. If your group were to have such an event I would say that the event must be specifically designed and advertised as one of the exceptions otherwise the LCB may take exception to it. They are pretty difficult to deal with. My wife actually used to work for them. Thankfully that has ended.

The big thing you have to keep in mind, laws for the most part tell you what you "CANNOT" do not what you "CAN" do. If it is not stated as prohibited, more than likely it's allowed.

Disclaimer: I'm not a lawyer, but I did sleep at a Holiday Inn Expresss once...

 

[ibglowin]

Just seems so totally ludicrous!

 

[SBWs]

Thanks that's the law I was looking for just couldn't find it.