Pennsylvania winery question

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Actually I said "operating a traditional vineyard & winery in PA far less viable" but i should add "If you are interested in opening a urban restaurant winery, or just a bottling facility and tasting room...the doors are currently wide open." at least until the state legislature realizes what they have done but by then the horse will long be out of the barn...
 
I wouldnt go fully along with telling people not to open a winery if they want to. BUt yeah it might not in most cases be smart.


we started out by putting everything on paper in a business plan. It's much easier to make mistakes on paper than with your wallet. Write it down and ask Why/How about 5 times for each thing you go. Even with that, we didn't know what we didn't know.
 
Can a new winery in Pennsylvania purchase shiners from out of state, put their label on them, and sell them in Pennsylvania? I have seen this in person but wondering how it is legal. I have reviewed the regulations and it is not clear. Just wondering if anyone knows. I know that you may purchase grapes from out of state and make wine in Pennsylvania and sell.

Thanks
I believe your only legal stipulation would have to be to follow TTB guidelines for labels. The wine must state where it’s from, regardless where it’s being sold.
 
So, is it safe to say we can pretty much disregard the 25% (out of PA) : 75% (in-state) ratio if we're operating within Pennsylvania, and can base it solely off of a 350 mile radius?
 
So, is it safe to say we can pretty much disregard the 25% (out of PA) : 75% (in-state) ratio if we're operating within Pennsylvania, and can base it solely off of a 350 mile radius?

Technically speaking as the law stands today in PA its against the law. Is it being enforced today or tomorrow or some day in the future? That uncertainty represents a lot of risk to build business model on. NJ tried to stick it to micro brews, and I think MD is doing something to clamp down on wineries and NY still prevents farm wineries from using out of state grapes. So its not unheard of in the states surrounding PA...
 
To follow up on my earlier post Maryland last year was looking at forcing wine producers in the state to own at least 20 acres of grapes or other fruit in cultivation for production and if they owned less than 20 acres they would need to use at least 51% of the fruit sourced in Maryland. Seems they have no problem with the Granholm decision. All it takes is a political change in Harrisburg and your entire business model could be turned upside down...or put out of business...
 
I was running through the advisory opinions on the LCB website re: a related issue and came across this:

While the Liquor Code states that limited wineries may only produce wine made from Pennsylvania grown agricultural commodities, this limitation has been deemed unenforceable as a result of the U.S. Supreme Court decision in the case of Granholm v. Heald, 544 U.S. 460 (2005), and the Pennsylvania federal court decision in Cutner v. Newman, 398 F. Supp.2d 389 (E.D. Pa. 2005), both involving legislative distinctions between in-state and out-of-state wineries. Accordingly, a limited winery licensee is not required to produce its wine using fruit from sources in Pennsylvania; rather, it may utilize fruit from other sources, whether from Pennsylvania or outside of Pennsylvania, although actual wine purchases from other limited wineries for subsequent resale are limited to no more than fifty percent (50%) of the purchasing winery’s previous year’s production. Therefore, as the law presently stands, a licensed limited winery may produce wine from agricultural commodities without regard to the source of such commodities. Thus, you would be permitted to import and use fruits and/or juice from out-of-state.​

It reads like you can buy all the fruit and juice you want from other sources. But, actual wine from other limited wineries is limited to 50% of your production. Don't know if that helps.
.......
Thanks for this info, I have reviewed this issue, and believe this is the interpretation to be followed. Thanks
 

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