Alcohol Slushies –  Many distributors are now selling alcohol slushies, and this practice is legal under the Liquor Code if done correctly.  If you choose to sell alcohol slushies at your store, it is important that you do not mix any substance, including ice or different types of malt or brewed beverage, with the malt or brewed beverage being frozen and sold.  Additionally, these beverages must be sealed and may only sold for off-premises consumption. PLCB Regulations impose a cleaning requirement on licensees using a malt or brewed beverage dispensing system. The cleaning method used must clean the entire system with a chemical cleaning solution or other cleaning method approved by the PLCB. According to the PLCB: “(f)aucets, dispensing lines, valves, joints, couplers, hose fittings, washers, o-rings, empty beer detectors, and draft foam control units shall be cleaned once every seven days. If you have an operating ultrasonic, electromagnetic or other system that retards the growth of yeast and bacteria in the dispensing lines, you should follow the cleaning frequently and cleaning method guidelines of the system’s manufacturer.”  You are required to keep cleaning records, consisting of the date cleaned, the name of the person by whom the equipment was cleaned, and the method utilized, on file. As long as distributors are following the rules laid out by the PLCB (i.e., not mixing anything with the product, keeping records, using a refillable container, etc.) then these sales are permitted under the Liquor Code. In addition to the rules laid out by the PLCB, you must contact the Department of Agriculture or your local health department prior to commencing sales of these products as you will be required to obtain a health/food permit.  There may also be Federal labeling requirements which apply. You are strongly encouraged to seek experienced private counsel to ensure you are complying with these requirements.

 

Slusies Advisory Opinion

Growlers Advisory