Topper Moves to Fix Act 39, Implement Consumer Protections
HARRISBURG – Rep. Jesse Topper (R-Bedford/Franklin/Fulton) today introduced House Bill 2263 to fix Act 39, the historic liquor legislation passed last session, by repealing the flexible pricing provision of the legislation.

“Flexible pricing was touted as a way for the Pennsylvania Liquor Control Board (PLCB) to more effectively negotiate with liquor suppliers, and to provide more revenue to the Commonwealth, while also lowering the price of some products in state stores,” Topper said.

“However, after seeing the impact of flexible pricing, I have not been convinced that this change has led to lower prices for the consumer, nor has the PLCB convincingly shown that this provision has provided our Commonwealth with increased revenues. This legislation will repeal the flexible pricing provision in statute and reinstitute consumer price protections. I believe we owe constituents the assurance that proportional pricing provided,” Topper said.

Prior to passage of Act 39, the PLCB followed a strict pricing formula that required prices to be proportional. Under the proportional pricing formula, the PLCB was required to pass savings onto consumers anytime suppliers discounted their prices, providing consumers with pricing protection.

Representative Jesse Topper
78th District
Pennsylvania House of Representatives

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