§5124.1. Liquor or malt or brewed beverages.

(a) General rule.--In an action or proceeding under this title in which a material element of the offense or action is that a substance is liquor or a malt or brewed beverage, all the following shall apply:

(1) Chemical analysis is not required to prove that the substance is liquor or a malt or brewed beverage.

(2) Circumstantial evidence is sufficient to prove that the substance is liquor or a malt or brewed beverage.

(b) Evidence presented by a defendant.--Notwithstanding subsection (a), nothing shall prevent a defendant from presenting evidence that a substance is not liquor or a malt or brewed beverage.

(c) Applicability.--The provisions of this section shall apply to proceedings brought by officers authorized to enforce this title under this title, Titles 18 (relating to crimes and offenses), 42 (relating to judiciary and judicial procedure) and 75 (relating to vehicles) and the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(Oct. 31, 1997, P.L.485, No.49, eff. 60 days)

Notation

1997 Amendment.  Act 49 added section 5124.1.