Wine shipping laws in the United States
|This article relies largely or entirely upon a single source. (January 2011)|
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. 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.
- 1 Laws by state
- 1.1 Alabama
- 1.2 Alaska
- 1.3 Arizona
- 1.4 Arkansas
- 1.5 California
- 1.6 Colorado
- 1.7 Delaware
- 1.8 Idaho
- 1.9 Kentucky
- 1.10 Louisiana
- 1.11 Maryland
- 1.12 Massachusetts
- 1.13 Minnesota
- 1.14 Mississippi
- 1.15 Montana
- 1.16 New Jersey
- 1.17 Nevada
- 1.18 New Mexico
- 1.19 North Carolina
- 1.20 Oklahoma
- 1.21 Oregon
- 1.22 South Carolina
- 1.23 Tennessee
- 1.24 Texas
- 1.25 Utah
- 1.26 Virginia
- 1.27 Washington
- 1.28 West Virginia
- 1.29 Wyoming
- 2 See also
- 3 References
Laws by state
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.
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.
Direct shipment of wine is prohibited in Arkansas for off-site sales; consumers may place on-site orders for shipment at wineries.
Wine can be shipped from California to all states, except for certain counties in Alaska, Massachusetts, Tennessee and West Virginia.[not in citation given] The California Wine Export Program provides electronic reports and documentation on export markets, as well as general information on exporting wine.
Direct shipment of wine is prohibited in Delaware.
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.
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.
On January 14, 2010, the case of FWC v. Jenkins in Boston struck down limits on wine shipments to Massachusetts. But, two issues continue to make shipments difficult. The licensing rules process for common carriers are complex, so only FedEx Ground has a limited license. Further, there is a limit on how much wine an individual can receive, in total, and individual sellers, who might be held liable, have no means to determine if an individual is over his limit.
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.
Direct shipment of wine is prohibited in Mississippi.
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.
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.
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. However, this law prohibits 90% of wine made in the United States from being shipped to New Jersey residents.
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.
Consumers in New Mexico are limited to two cases shipped directly to them annually.
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.
Direct shipment of wine is prohibited in Oklahoma for off-site sales; consumers may place on-site orders for shipment at wineries.
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.
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.
In order to ship to a resident of West Virginia, a winery have a license from the state, 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 shipped wine to West Virginia consumers is prohibited.
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.
- "State Shipping Laws". The Wine Institute. Retrieved 18 September 2011.
- "Wine Shipping State Pairing Guide". FedEx. 15 August 2011. Retrieved 18 September 2011.
- "State Shipping Laws: Arizona". The Wine Institute. Retrieved 18 September 2011.
- "Statistics & Research". California Wine Export Program. Retrieved 18 September 2011.
- "State Shipping Laws: Colorado". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: Idaho". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: Kentucky". The Wine Institute. Retrieved 18 September 2011.
- "Wine Shipping in the U.S. - Wine Shipping Laws State by State". Wine Enthusiast Magazine. Retrieved 17 December 2013.
- "Legislative Detail: MD Senate Bill 248 - 2011 Regular Session". e-Lobbyist. Retrieved 18 September 2011.
- "Maryland Politics: Wine shipping, legal today, entices 30-plus wineries". The Baltimore Sun. 1 July 2011. Retrieved 18 September 2011.
- Summary of FWC v. Jenkins in Massachusetts with additional links.
- Fedex Wine shipping info.
- UPS wine shipping info.
- "State Shipping Laws: Minnesota". The Wine Institute. Retrieved 29 December 2013.
- "State Shipping Laws: Montana". The Wine Institute. Retrieved 18 September 2011.
- "Montana Enacts Workable Direct Shipping Law". The Wine Institute. Retrieved 3 August 2013.
- "Direct wine shipping begins today in New Jersey" in Burlington County Times (1 May 2012). Retrieved 2 February 2012.
- "Free at Last: New Jersey Passes Direct Shipping Bill" in Wine Spectator (19 January 2012). Retrieved 31 January 2013.
- "State Shipping Laws: Nevada". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: North Carolina". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: Tennessee". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: Texas". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: Utah". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: Virginia". The Wine Institute. Retrieved 18 September 2011.
- "State Shipping Laws: West Virginia". The Wine Institute. Retrieved 18 September 2011.