Wine shipping laws in the United States
Encyclopedia
Wine shipping laws in the United States differ between states. Though about half of the states permit some form of direct shipping from wineries to consumers, they have enacted different regulations. Before sending any shipment to a US resident, the Wine Direct Shipper Licensee is required to file an application with the Department of Alcoholic Beverage Control, pay a registration fee, provide to the Department a copy of its current alcoholic beverage license issued in their or any other state, and obtain a Wine Direct Shipper License from the Department. Once proper registry is completed and licenses obtained, the licensee must label properly label the container disclosing its content and ensure it is received by a person 21 years of age or older through an official signature. They must then report to the Department an annual report including the total amount of wine shipped and pay taxes to the State Revenue Agency accordingly. Vendors are limited to shipping a maximum of twenty-four 9-liter cases of wine annually to any person for personal use with no intentions of resale. The Department of Alcoholic Beverage Control holds the authority to label a district as a "Dry area", banning any shipment of wine to an associated address.
, Massachusetts
, Tennessee
and West Virginia
.
A major reference from the West Coast region is the California Wine Export Program which provides electronic reports and documents on export markets and general information on exporting wine. It is a resource for buyers and suppliers to access market and competitive reports as well as statistics and research on U.S. wine export barriers.
. They must also complete the Idaho Business Registration Form and the Idaho Beer and Wine Tax Application, both of which should be submitted to the Idaho Tax Commission with a $1000 Bond, a Certified Copy of the Winery’s License and a check for $50. A winery may submit a copy of their state winery license with a signed and notarized statement that it is an unaltered copy of the original, in lieu of a certified copy. The Idaho Tax Commission will forward all of the documents to the Alcoholic Beverage Control Division and the ABC will then issue the direct shipper’s permit. There are monthly reporting requirements. They also have an annual limit of 24 cases per user.
is not approved for shipment of direct-to-consumer sales by common carriers FedEx
and UPS
, because as of October 1, 2001, Montana law states that an adult consumer must obtain a connoisseur's license to receive such direct shipments, which complicated the shipment process. Such a license is applied for through the Montana Liquor License Bureau for $50 with a $25 annual renewal fee. Buyers are limited to 12 cases from out-of-state wineries per year for personal consumption and are required to report pay state taxes biannually for the previous 6 month's shipments. Prior to any shipment to a Montana connoisseur, Wineries must be registered within the state.
household. Prior to any shipment, out of state wineries must file an application with the Department of Revenue Liquor Division with a $50 fee. They must also remit a tax of 12 percent of each bottle to the Department, file a monthly report of each shipment, provide invoice copies of all interstate shipments indicating volume per household and maintain auditable records dating back for at least three years.
adults are limited to receive up to 12 cases of wine annually per household for personal use. A tax-paying winery holding proper permits and registration must pay additional fees for shipments to Nevada over 200 cases and designate a wholesaler for any shipment of 25 cases or more.
. Adult residents returning from an abroad country are permitted to return with no more than one quart of wine. An individual moving to the state is not limited to the amount of wine he or she brings in as long as the taxes have been paid and cleared by the Liquor Control Commission.
are required to have a direct shipping permit with an annual renewal fee of $50.00. Shipment taxes are collected on a monthly basis and there are no direct-to-consumer amount limits.
Effective September 18, 2003, the state of Arizona
has an "On-Site Law", meaning any consumer accepting a direct shipment of wine from a Winery must have physically visited the winery in in the past calendar year and paid for all future orders in person
If Arizona consumers wish to have additional wine shipped to themselves in subsequent years, they will need to physically visit the winery each and every year and pay for all shipments at the winery. Containers must be marked for delivery requiring adult signature and shipping address must be to a business or residential address. However, wineries that produce up to 20,000 gallons of wine per year can apply a direct-to-consumer permit for unlimited on-site and off-site sales.
is labeled as a "Reciprocal Status" state, meaning adults are permitted to bring in or receive by direct shipment up to 2 cases of wine monthly for personal use.
and Arkansas
for off-site sales.
Winery must obtain a Texas
Sales Tax Permit from the state to ship to any Texas residence. and are advised to submit the "Texas Nexus Questionnaire" as well as the “Application for Out-of-State Winery Direct Shipper’s Permit”
consumer must have already paid sales tax and possess a direct-to-consumer permit from the Louisiana Department of Revenue. The permit costs $150 each year and must be renewed no later than June 30thfor the following year. PPermit holding wineries are required to pay excise and sales tax to be received by the Department of Revenue's Excise Tax Section.
and Mississippi
is prohibited for both intrastate and interstate sales.
and cannot send more than 3 cases to a consumer during a calendar year. Applicants must pay a one time non-refundable application fee of $300, in addition to the annual license fee of $150.
. However, it is possible for an individual consumer to obtain prior written approval from the Alabama Beverage Control Board before wine is brought into the State. The shipment must be consigned, with freight charges prepaid, directly to the individual in care of an ABC store.
.
is limited to receiving up to 2 cases of wine per month. Wineries must have a shipper's license from the Virginia ABC Board, which costs a total of $155 and be approved by the Virginia Department of Alcoholic Beverage Control. Wineries must also supply accounts of all monthly shipments to state residents.
for personal use. Wineries are required to make shipments through a preapproved common carrier and supply a list of brands to be sold to the state. Reports of all shipped wine are submitted on a Quarterly basis.
Wineries with Out-of-State Wine Shippers Licenses and that have paid their wine taxes are required to submit reports or the amount of wine shipped to the state annually.
U.S. wineries to ship to MA consumers. The extensive requirements of FedEx
and UPS
for wine carriers further limit direct shipping. Out of the common carriers, FedEx Ground provides service for Massachusetts (on a limited basis) and has a license for wine shipping within the state's borders. However no common carriers have approved MA for interstate shipping.
Alaska, California and Oregon
Intrastate wine trade is allowed from Alaska, California, and Washington to all US state besides certain counties in AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
and West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
.
A major reference from the West Coast region is the California Wine Export Program which provides electronic reports and documents on export markets and general information on exporting wine. It is a resource for buyers and suppliers to access market and competitive reports as well as statistics and research on U.S. wine export barriers.
Idaho
Since July 1, 2006, wineries have been required have a permit and pay taxes to ship direct-to-consumers in IdahoIdaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
. They must also complete the Idaho Business Registration Form and the Idaho Beer and Wine Tax Application, both of which should be submitted to the Idaho Tax Commission with a $1000 Bond, a Certified Copy of the Winery’s License and a check for $50. A winery may submit a copy of their state winery license with a signed and notarized statement that it is an unaltered copy of the original, in lieu of a certified copy. The Idaho Tax Commission will forward all of the documents to the Alcoholic Beverage Control Division and the ABC will then issue the direct shipper’s permit. There are monthly reporting requirements. They also have an annual limit of 24 cases per user.
Montana
MontanaMontana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
is not approved for shipment of direct-to-consumer sales by common carriers FedEx
FedEx
FedEx Corporation , originally known as FDX Corporation, is a logistics services company, based in the United States with headquarters in Memphis, Tennessee...
and UPS
United Parcel Service
United Parcel Service, Inc. , typically referred to by the acronym UPS, is a package delivery company. Headquartered in Sandy Springs, Georgia, United States, UPS delivers more than 15 million packages a day to 6.1 million customers in more than 220 countries and territories around the...
, because as of October 1, 2001, Montana law states that an adult consumer must obtain a connoisseur's license to receive such direct shipments, which complicated the shipment process. Such a license is applied for through the Montana Liquor License Bureau for $50 with a $25 annual renewal fee. Buyers are limited to 12 cases from out-of-state wineries per year for personal consumption and are required to report pay state taxes biannually for the previous 6 month's shipments. Prior to any shipment to a Montana connoisseur, Wineries must be registered within the state.
Wyoming
As of July 1, 2001, out-of-state shippers are permitted to ship a maximum of two cases of wine to a WyomingWyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
household. Prior to any shipment, out of state wineries must file an application with the Department of Revenue Liquor Division with a $50 fee. They must also remit a tax of 12 percent of each bottle to the Department, file a monthly report of each shipment, provide invoice copies of all interstate shipments indicating volume per household and maintain auditable records dating back for at least three years.
Nevada
NevadaNevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
adults are limited to receive up to 12 cases of wine annually per household for personal use. A tax-paying winery holding proper permits and registration must pay additional fees for shipments to Nevada over 200 cases and designate a wholesaler for any shipment of 25 cases or more.
Utah
Direct shipment via common carrier is prohibited and considered a state felony in the state of UtahUtah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
. Adult residents returning from an abroad country are permitted to return with no more than one quart of wine. An individual moving to the state is not limited to the amount of wine he or she brings in as long as the taxes have been paid and cleared by the Liquor Control Commission.
Colorado
Since July 1, 2006, wineries shipping to ColoradoColorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
are required to have a direct shipping permit with an annual renewal fee of $50.00. Shipment taxes are collected on a monthly basis and there are no direct-to-consumer amount limits.
Arizona
2 cases annually.Effective September 18, 2003, the state of Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
has an "On-Site Law", meaning any consumer accepting a direct shipment of wine from a Winery must have physically visited the winery in in the past calendar year and paid for all future orders in person
If Arizona consumers wish to have additional wine shipped to themselves in subsequent years, they will need to physically visit the winery each and every year and pay for all shipments at the winery. Containers must be marked for delivery requiring adult signature and shipping address must be to a business or residential address. However, wineries that produce up to 20,000 gallons of wine per year can apply a direct-to-consumer permit for unlimited on-site and off-site sales.
New Mexico
New MexicoNew Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
is labeled as a "Reciprocal Status" state, meaning adults are permitted to bring in or receive by direct shipment up to 2 cases of wine monthly for personal use.
Prohibited States
Direct shipment via common carriers is prohibited in the states of OklahomaOklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
for off-site sales.
Texas
Before shipping to any Texan consumer, wineries must have a valid direct shippers permit. The shipment limit per consumer is 9 gallons monthly with no more than 36 gallons a year. From 2006 to 2009, the annual permit fee was $75 but has since been changed to a charge of $470 paid once every two years.Winery must obtain a Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
Sales Tax Permit from the state to ship to any Texas residence. and are advised to submit the "Texas Nexus Questionnaire" as well as the “Application for Out-of-State Winery Direct Shipper’s Permit”
Louisiana
Wineries shipping directly to a LouisianaLouisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
consumer must have already paid sales tax and possess a direct-to-consumer permit from the Louisiana Department of Revenue. The permit costs $150 each year and must be renewed no later than June 30thfor the following year. PPermit holding wineries are required to pay excise and sales tax to be received by the Department of Revenue's Excise Tax Section.
Prohibited States
Direct shipments to KentuckyKentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
and Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
is prohibited for both intrastate and interstate sales.
Tennessee
Licensed direct shippers may ship a maximum of 1 case per month to a consumer in TennesseeTennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
and cannot send more than 3 cases to a consumer during a calendar year. Applicants must pay a one time non-refundable application fee of $300, in addition to the annual license fee of $150.
Alabama
Direct shipments are prohibited to and within the state of AlabamaAlabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
. However, it is possible for an individual consumer to obtain prior written approval from the Alabama Beverage Control Board before wine is brought into the State. The shipment must be consigned, with freight charges prepaid, directly to the individual in care of an ABC store.
Delaware
Direct shipment of wine by common carriers is prohibited in the state of DelawareDelaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
.
Maryland
As of July 1, 2011, direct shipping of wine to consumers in Maryland is now legal. Prior to that date, shipping to consumers was prohibited, though wineries with a Direct Wine Seller's Permit could ship from out of state to a Maryland licensed wholesaler only. However, in the spring of 2011 the law was changed to create a new Direct Shipper's Permit. Wineries must submit an application, pay $200 per year to the state and post a $1,000 bond to ship to residences in Maryland. The law (SB-24) was signed by Governor O'Malley, Speaker of the House Mike Busch and Senate President Mike MIller in a ceremony at the State House on May 10, 2011.Virginia
An adult consumer in VirginiaVirginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
is limited to receiving up to 2 cases of wine per month. Wineries must have a shipper's license from the Virginia ABC Board, which costs a total of $155 and be approved by the Virginia Department of Alcoholic Beverage Control. Wineries must also supply accounts of all monthly shipments to state residents.
West Virginia
In order to ship to a resident of West Virginia, a winery must not only have a Direct Shipper's License but a Letter of Good Standing from the state of California. Licensed wineries are limited to shipping 2 cases of wine to a consumer per month. Advertising the availability of wine by shipment to West Virginia consumers is prohibited.North Carolina
Wineries with Bonded Wine Cellar, Federal Basic Bonded Winery and Wine Shipper permits are allowed to ship no more than 2 cases of wine monthly to a resident of North CarolinaNorth Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
for personal use. Wineries are required to make shipments through a preapproved common carrier and supply a list of brands to be sold to the state. Reports of all shipped wine are submitted on a Quarterly basis.
South Carolina
Permit-holding Wineries are allowed to send no more than twenty-four bottles of wine monthly to any adult resident in South CarolinaSouth Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
Wineries with Out-of-State Wine Shippers Licenses and that have paid their wine taxes are required to submit reports or the amount of wine shipped to the state annually.
Massachusetts
On January 14, 2010, the FWC v. Jenkins Litigation in Boston limited wine imports to Massachusetts. The ruling prevented over half of all interstateInterstate
An Interstate is a type of high-speed, limited-access highway in the United StatesInterstate may also refer to:-Media:*Interstate 60 , a metaphysical comedy/drama road film...
U.S. wineries to ship to MA consumers. The extensive requirements of FedEx
FedEx
FedEx Corporation , originally known as FDX Corporation, is a logistics services company, based in the United States with headquarters in Memphis, Tennessee...
and UPS
United Parcel Service
United Parcel Service, Inc. , typically referred to by the acronym UPS, is a package delivery company. Headquartered in Sandy Springs, Georgia, United States, UPS delivers more than 15 million packages a day to 6.1 million customers in more than 220 countries and territories around the...
for wine carriers further limit direct shipping. Out of the common carriers, FedEx Ground provides service for Massachusetts (on a limited basis) and has a license for wine shipping within the state's borders. However no common carriers have approved MA for interstate shipping.
See also
- List of alcohol laws of the United States by state
- Granholm v. HealdGranholm v. HealdGranholm v. Heald, 544 U.S. 460 , was a court case decided by the Supreme Court of the United States in a 5-4 decision that ruled that laws in New York and Michigan that permitted in-state wineries to ship wine directly to consumers, but prohibited out-of-state wineries from doing the same, were...
- Prohibition in the United StatesProhibition in the United StatesProhibition in the United States was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which...
- Wine lawWine lawWine laws are legislation regulating various aspects of production and sales of wine. The purpose of wine laws includes combating wine fraud, by means of regulated protected designations of origin, labelling practices and classification of wine, as well as regulating allowed additives and...
- Winemaking cooperativeWinemaking cooperativeA winemaking cooperative is an agricultural cooperative which is involved in winemaking, and which in similarity to other cooperatives is owned by its members...