Alcoholic slushies becoming summertime favorite, but are they legal?

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A summertime favorite…

“You can buy them now, and take them home and put them in the freezer, and then later when the kids go to bed, you can have a slushie,” said Lisa Adams of Middletown.

This one, with an adult twist.

“Basically, it’s single malt beverages that are available in single serve cans, that are just opened and poured right into the slushie machine. Takes about a half hour or so, and you have a slushie,” said Jeff Martin, manager of Breski's Beverages in Swatara Township, Dauphin County.

Alcoholic slushies are the newest trend showing up in our area, but are they legal?

The Liquor Control Board said in an email to Fox 43 that these slushies are not permitted by the Pennsylvania Liquor Code.

But, they also attached an advisory from the State Police Liquor Control Enforcement division, which explains if certain requirements are met, these slushies are fair game.

“I do think that it’s legal and I think the only way to not have it happen is for the general assembly to go back and change the law,” said Frank Sluzis, associate attorney with Scaringi and Scaringi Law.

The law currently falls under Act 166, which was amended in 2016.

Part of that act allows beer distributors to sell beer or malt beverages in any configuration.

“It allowed us to sell growlers for take out beer to go. And the way that Pennsylvania defined a growler at that point was basically just a resealable container. So under that law we are able to sell the slushies in the same manor,” said Martin.

At Breski’s Beverages, each slushie is served with a sticker over the straw hole in the cup, making it a sealed container, and by Pennsylvania standards, a growler.

The act also states it is illegal to sell any kind of alcoholic beverage that has been changed or altered in any way other than how it was manufactured.

“Can’t really see any harm to it. It would be just as if i were buying a bottle of beer at the local distributor and walk about with it,” said Sluzis.

Of course, with these slushies, the same rules apply as they would any other alcoholic drink.

For example, there are signs all around Breski’s Beverages reminding people it is illegal to consume the slushies in the store, and of course, behind the wheel.

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