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Attention Pennsylvania Trainers:

You may have heard that PA's State Representative Mike Turzai (R, District 28) has introduced legislation to privatize Pennsylvania's liquor stores. House Bill 11 aims to privatize the wine and spirits wholesale and retail operations of the PLCB. While HCI supports any legislation that keeps our trainers employed and working, we are fairly neutral on the issue of privatization. You can read a summary of the legislation here: http://www.pahousegop.com/Display/SiteFiles/109/OtherDocuments/000_LCB_PrivatizationSummary_7_8_11.pdf.

Upon reading Rep. Turzai's bill, we noticed a provision that would continue the unfair stronghold that the PLCB has on our trainers and our industry that we just cannot ignore any longer. Many of you and your businesses have been shut out by the PLCB's decision to make their ineffective and poorly designed RAMP program the only approved program in the state. Rep. Turzai's legislation continues to grant this stronghold by not only making alcohol awareness training mandatory should stores be privatized, but makes RAMP training a requirement. Free market competition and third-party providers will suffer throughout the state, and Pennsylvania will be missing out on the tax revenue that our industry provides. TIPS has trained three times the number of servers and sellers than RAMP in Pennsylvania.

If this provision troubles you as much as it does us, we strongly urge you to contact your state legislative member or Rep. Turzai and let them know how this will affect you as a trainer, business owner or third party provider. You can find your local representative and their contact information here: http://www.legis.state.pa.us/. If you are not sure what to say or how to write a letter, please contact HCI Government Affairs at seymourn@gettips.com or 800-438-8477, ext. 317 and we can provide you with a blanket letter with HCI's main points and you can customize it to fit your situation. We look forward to hearing your comments. Please urge Pennsylvania's legislature to remove the RAMP provision. We want to see TIPS as the leading provider in PA once again!

Michigan Governor Jennifer Granholm signed House Bill 6224 into law on November 17, 2010, which amends some of Michigan's more restrictive alcohol laws. Effective immediately, wineries, grocery stores, and take-out licensees have been granted more flexible and lucrative sales options under the new law.

Wineries were previously not permitted to charge for wine tastings - now they will be able to do so. Grocery Stores will now be able to hold food and beer/wine tastings in house. Beer, wine and liquor take-out holders may offer up to three ounces of beer over three samples, two ounces of wine over three samples, and 1-1/2 ounces of liquor over two samples. Any employee who is providing samples must successfully pass a certified server training program. The employee may not be occupied with any other tasks while conducting the tasting.

Sunday service/sales hours have been extended to 7:00 a.m. Sunday to 2 a.m. Monday. Sunday service/sales were previously limited to 12:00 p.m. to 2:00 a.m. A special permit is required for the extended hours and Sunday sales. Annual permits are available through the Michigan Liquor Control Commission. Holiday hours vary, and any local jurisdiction may veto the extended hours by a majority vote.

Granholm previously vetoed an earlier version of this bill. With the help of the Michigan Restaurant Association, the Wine and Beer Wholesale Association and other groups, a new version was drafted and passed. With more sales and tastings being permitted, there will be a need for more server training throughout the state.

The companies that received the warning letters were Charge Beverages (Core High Gravity drink), New Century Brewing (Moonshot drink), Phusion Projects/Drink Four Brewing (Four Loko drink) and United Brands Company (Joose and Max drinks).

After recent alcohol-related injuries linked directly to the consumption of these drinks, the FDA conducted scientific reviews and independent laboratory analysis of these products. Contrary to a legal standard that mixing caffeine with alcoholic drinks is 'generally recognized as safe,' the FDA found evidence that the combinations of caffeine and alcohol in these products pose a public health concern and can lead to risky behaviors that result in hazardous and life-threatening situations.

The agency has requested that each company inform the FDA in writing within 15 days of a plan of action that will be taken to remedy the violation and prevent recurrence. If this plan of action is not received, the company will be marketed in violation of the Federal Food, Drug and Cosmetic Act (FFDCA) and could face seizure of their products or a halt in production.

Thus far, Phusion Projects (Four Loko drink) announced its intention to remove caffeine and other stimulants from its drinks. FDA views this announcement as a positive step and will work with the other manufacturers to assure their products meet safety standards.

Washington, Oregon, Oklahoma, Utah, Iowa and Michigan have banned caffeinated alcohol drinks. Many other states are requesting that these drinks be pulled from the shelves until further studies are released.

For additional information please contact the TIPS Government Relations Department.

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