THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY V. BROWN, CALTAGIRONE, CARROLL, JOSEPHS, KORTZ, MANN, McGEEHAN, MILLARD AND PAYTON, FEBRUARY 16, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 16, 2011  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for definitions and for unlawful acts

relative to malt or brewed beverages and licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, reenacted and amended June 29,

1987 (P.L.32, No.14), is amended by adding a definition 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:

* * *

"Caffeinated or stimulant-enhanced malt beverage" shall mean

a beverage which includes caffeine or other stimulant,

including, but not limited to, guarana, ginseng and taurine, and

contains at least one-half of one per centum alcohol by volume.

* * *

Section 2.  Section 492 of the act is amended by adding a

clause to read:

Section 492.  Unlawful Acts Relative to Malt or Brewed

Beverages and Licensees.--

It shall be unlawful--

* * *

(22)  Caffeinated or Stimulant-enhanced Malt Beverages. No

person shall import into this Commonwealth or distribute, sell

or offer to sell in this Commonwealth any caffeinated or

stimulant-enhanced malt beverage.

Section 3.  This act shall take effect in 60 days.