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.[1] 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.
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Intrastate wine trade is allowed from Alaska, California, and Washington to all US state besides certain counties in Alaska, Massachusetts, Tennessee and West Virginia.[2] 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.[3]
Since July 1, 2006, wineries have been required have a permit and pay taxes to ship direct-to-consumers in Idaho. 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.[4]
Montana 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.[5]
As of July 1, 2001, out-of-state shippers are permitted to ship a maximum of two cases of wine to a Wyoming 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 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.[6]
Direct shipment via common carrier is prohibited and considered a state felony in the state of Utah. 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.[7]
Since July 1, 2006, wineries shipping to Colorado 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.[8]
2 cases annually. 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.[9]
New Mexico 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.
Direct shipment via common carriers is prohibited in the states of Oklahoma and Arkansas for off-site sales.
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 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” [10]
Wineries shipping directly to a Louisiana 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.
Direct shipments to Kentucky and Mississippi is prohibited for both intrastate and interstate sales.[11]
Licensed direct shippers may ship a maximum of 1 case per month to a consumer in Tennessee 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.[12]
Direct shipments are prohibited to and within the state of Alabama. 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.
Direct shipment of wine by common carriers is prohibited in the state of Delaware.
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.[13] 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.[14][15]
An adult consumer in Virginia 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.[16]
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.[17]
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 Carolina 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.[18]
Permit-holding Wineries are allowed to send no more than twenty-four bottles of wine monthly to any adult resident in South Carolina 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.
In September 2009, wine excise tax in Illinois increased to $1.39 per gallon.
On January 14, 2010, the FWC v. Jenkins Litigation in Boston limited wine imports to Massachusetts. The ruling prevented over half of all interstate 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.