Wine shipping laws in the United States

Wine shipping laws in the United States differ between states. About half of the states permit some form of direct shipping from wineries to consumers, although various regulations apply to these cases, and laws in both the sender's and receiver's jurisdictions may apply.[1] For example, vendors are often limited to 24 nine-liter cases of wine shipped annually to any person for personal use, and shipment of wine to dry counties is illegal.

IMPORT Laws by state

Alabama

Direct shipments of wine are generally prohibited in Alabama. However, individual consumers may receive such shipments by obtaining prior written approval from the Alcoholic Beverage Control Board. The shipment must be consigned, with freight charges prepaid, directly to the individual in care of an ABC store.

Alaska

Wine can be shipped from Alaska to all states, except for certain boroughs in-state and certain counties in Massachusetts, Tennessee and West Virginia.[2]

Arizona

Consumers in Arizona are limited to two cases shipped directly to them annually. Effective September 18, 2003, Arizona has an "On-Site Law," requiring any consumer accepting a direct shipment of wine to have physically visited the winery during the past calendar year, paying for all future orders in person. However, wineries producing fewer than 20,000 gallons of wine per year can apply for a direct-to-consumer permit for unlimited on-site and off-site sales.[3]

Arkansas

Direct shipment of wine is prohibited in Arkansas for off-site sales; consumers may place on-site orders for shipment at wineries.

California

Wine can be shipped from California to all states, except for certain counties in Alaska, Massachusetts, Tennessee and West Virginia.[2] The California Wine Export Program provides electronic reports and documentation on export markets, as well as general information on exporting wine.[4]

Colorado

Since July 1, 2006, wineries shipping to Colorado are required to obtain a direct shipping permit. There are no limits on the amount of shipments individuals can receive for personal use.[5]

Delaware

Direct shipment of wine is prohibited in Delaware.

Idaho

Since July 1, 2006, wineries have been required have a permit and pay taxes to ship directly to consumers in Idaho. Wineries must also register with the Idaho Tax Commission and abide by monthly reporting requirements.[6]

Kentucky

Carriers refuse to ship wine directly to Kentucky consumers, due to the difficulty of distinguishing dry areas from "wet" ones. Shipping wine to dry areas in Kentucky is a felony offense.[7]

Louisiana

Wineries shipping directly to Louisiana consumers must pay sales tax and possess a direct-to-consumer permit from the Louisiana Department of Revenue. In order to qualify for direct-to-consumer shipping, the wine(s) in question must not be distributed by any wholesaler.[8]

Maryland

Governor Martin O'Malley signed legislation on May 10, 2011 to legalize direct shipment of wine in Maryland.[9] The law went into effect on July 1, 2011.[10]

Massachusetts

On January 14, 2010, the case of FWC v. Jenkins in Boston struck down limits on wine shipments to Massachusetts.[11] Despite that ruling, wine shipments to Massachusetts were largely impossible until January 1, 2015, when direct shipping from wineries to Massachusetts became allowed by law.[12][13]

Licensing is required for shippers and there is a yearly limit per customer of 12 cases from each winery.[14]

Minnesota

Wineries may ship, for personal use and not for resale, not more than two cases of wine, containing a maximum of nine liters per case, in any calendar year to any resident of Minnesota age 21 or over. Minnesota began allowing direct shipping by all licensed wineries in June 2005.[15]

Mississippi

Direct shipment of wine is prohibited in Mississippi.

Montana

Carriers FedEx and UPS do not ship wine to consumers in Montana, because as of October 1, 2001, state law requires consumers to have a connoisseur's license to receive such shipments. Buyers are limited to 12 cases from out of state wineries per year, and wineries must register with the state to ship to connoisseurs.[16]

On April 12, 2013, the Governor of Montana signed Montana House Bill 402 into law. The new law, which takes effect October 1, 2013, replaces the State's flawed "Connoisseur License" system and allows registered wineries to sell and ship wine directly to Montana consumers.[17]

New Jersey

Wineries that make less than 250,000 gallons of wine annually, which includes all of the New Jersey's wineries, are allowed to ship up to 12 cases of wine to per year to any person over the age of 21 in New Jersey or any other state that allows wine shipments.[18] However, this law prohibits 90% of wine made in the United States from being shipped to New Jersey residents.[19]

Nevada

Nevada adults are limited to receiving 12 cases of wine annually per household for personal use. Wineries must register with the state, pay additional fees for shipments over 200 cases, and designate a wholesaler for any shipment of 25 cases or more.[20]

New Mexico

Consumers in New Mexico are limited to two cases shipped directly to them annually.

North Carolina

Wineries with certain permits may ship no more than two cases of wine monthly to a resident of North Carolina for personal use. Wineries are required to make shipments through a preapproved common carrier and supply a list of brands sold in the state.[21]

Ohio

Consumers in Ohio may receive up to 24 9-liter cases of wine per household per year, for personal consumption only, from wineries producing less than 250,000 gallons of wine annually. The wineries must obtain the appropriate permit in order to ship to Ohio.[22]

Oklahoma

Direct shipment of wine is prohibited in Oklahoma for off-site sales; consumers may place on-site orders for shipment at wineries. On-site orders are limited to 1 liter of wine per month.

Oregon

Wine can be shipped from Oregon to all states, except for certain counties in Alaska, Massachusetts, Tennessee and West Virginia.[2]

Pennsylvania

Pennsylvania residents may receive up to 36 cases (up to nine liters per case) per year of wine shipped by a wine producer licensed by the PLCB as a direct wine shipper. The 36-case annual limit is per direct wine shipper, and wine may be shipped to home or business addresses.

Direct-shipped wine must be for personal use, and anyone who resells direct-shipped wine is subject to fines and criminal penalties.

Direct-shipped wine is subject to state and local sales tax and a $2.50 per gallon wine excise tax.

Direct wine shippers are required to verify proof of age of the recipient of the wine prior to shipping.

As of August 8, 2016, direct-shipped wine need not be wines not otherwise available for sale by the PLCB.

[23]

South Carolina

Permit-holding wineries are allowed to ship no more than 24 bottles of wine monthly to an adult resident in South Carolina, and they must abide by annual reporting requirements.

Tennessee

Wineries may ship no more than one case per month, nor three per year, directly to an individual consumer in Tennessee. They must also register with the state.[24]

Texas

Before shipping to a consumer in Texas, wineries must have permits from the state government. Consumers are limited to receiving nine gallons monthly and no more than 36 gallons annually.[25]

Utah

Direct shipment of Wine to consumers in Utah is prohibited and classified as a felony. Adult residents returning from foreign country are permitted to bring no more than one quart of wine with them. Individuals moving to the state are not limited to the amount of wine they may bring, as long as the taxes have been paid and cleared by the Department of Alcoholic Beverage Control.[26]

Virginia

Consumers in Virginia are limited to receiving up to two cases of wine per month. Wineries must be licensed with the ABC and abide by monthly reporting requirements.[27]

Washington

Wine can be shipped from Washington to all states, except for certain counties in Alaska, Massachusetts, Tennessee and West Virginia.[2]

West Virginia

In order to ship to a resident of West Virginia, a winery must have a license from the state of WV, as well as a Letter of Good Standing from the winery's own state. Licensed wineries are limited to shipping two cases of wine to a consumer per month, and advertising the availability of shipment of wine to West Virginia consumers is prohibited.[28]

Wyoming

As of July 1, 2001, out of state shippers are permitted to ship a maximum of two cases of wine to a Wyoming household; these wineries must also register with the Department of Revenue Liquor Division and abide by monthly reporting requirements.

See also

References

  1. ↑ "State Shipping Laws". The Wine Institute. Retrieved 18 September 2011.
  2. 1 2 3 4 "Wine Shipping State Pairing Guide". FedEx. 15 August 2011. Retrieved 18 September 2011.
  3. ↑ "State Shipping Laws: Arizona". The Wine Institute. Retrieved 18 September 2011.
  4. ↑ "Statistics & Research". California Wine Export Program. Retrieved 18 September 2011.
  5. ↑ "State Shipping Laws: Colorado". The Wine Institute. Retrieved 18 September 2011.
  6. ↑ "State Shipping Laws: Idaho". The Wine Institute. Retrieved 18 September 2011.
  7. ↑ "State Shipping Laws: Kentucky". The Wine Institute. Retrieved 18 September 2011.
  8. ↑ "Wine Shipping in the U.S. - Wine Shipping Laws State by State". Wine Enthusiast Magazine. Retrieved 17 December 2013.
  9. ↑ "Legislative Detail: MD Senate Bill 248 - 2011 Regular Session". e-Lobbyist. Retrieved 18 September 2011.
  10. ↑ "Maryland Politics: Wine shipping, legal today, entices 30-plus wineries". The Baltimore Sun. 1 July 2011. Retrieved 18 September 2011.
  11. ↑ Summary of FWC v. Jenkins in Massachusetts with additional links.
  12. ↑ "Massachusetts Section 162". Retrieved 10 April 2015.
  13. ↑ "Direct Wine Shipping No Longer Bottled Up in the Bay State". Boston Magazine. Retrieved 10 April 2015.
  14. ↑ "The Wine Institute". Retrieved 10 April 2015.
  15. ↑ "State Shipping Laws: Minnesota". The Wine Institute. Retrieved 29 December 2013.
  16. ↑ "State Shipping Laws: Montana". The Wine Institute. Retrieved 18 September 2011.
  17. ↑ "Montana Enacts Workable Direct Shipping Law". The Wine Institute. Retrieved 3 August 2013.
  18. ↑ "Direct wine shipping begins today in New Jersey" in Burlington County Times (1 May 2012). Retrieved 2 February 2012.
  19. ↑ "Free at Last: New Jersey Passes Direct Shipping Bill" in Wine Spectator (19 January 2012). Retrieved 31 January 2013.
  20. ↑ "State Shipping Laws: Nevada". The Wine Institute. Retrieved 18 September 2011.
  21. ↑ "State Shipping Laws: North Carolina". The Wine Institute. Retrieved 18 September 2011.
  22. ↑ "DIRECT SHIPPING OF BEER AND WINE PRODUCTS BY MANUFACTURERS AND SUPPLIERS". Ohio Department of Commerce Division of Liquor Control. Retrieved 22 December 2014.
  23. ↑ "Direct Shipping of Wine to Pennsylvania". Pennsylvania Liquor Control Board. Retrieved 2 November 2016.
  24. ↑ "State Shipping Laws: Tennessee". The Wine Institute. Retrieved 18 September 2011.
  25. ↑ "State Shipping Laws: Texas". The Wine Institute. Retrieved 18 September 2011.
  26. ↑ "State Shipping Laws: Utah". The Wine Institute. Retrieved 18 September 2011.
  27. ↑ "State Shipping Laws: Virginia". The Wine Institute. Retrieved 18 September 2011.
  28. ↑ "State Shipping Laws: West Virginia". The Wine Institute. Retrieved 18 September 2011.
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