The wine industry has more wacky laws than most. The reason for that is both simple as well as exceedingly complex. When Prohibition officially ended, the federal government in essence threw up its hands and declared that the state’s should have complete and utter control over alcohol shipments. Well, of course the Commerce Clause may or may not, depending on who you ask, come into play. In any case, every state has an interesting law or two when it comes to wine shipments.
Utah:
I think we all know why the state, in large part, does not allow wine shipments directly to consumers. What most people outside of the wine industry don’t know is that consumers can receive wine, if it is marked as sacramental and is shipped to a house of worship.
Pennsylvania:
While most of the state’s which bar wine shipments directly to consumers sit on the conservative side of the aisle, Pennsylvania basically bars all shipments and has state owned liquor stores. While their laws might sound pretty normal, if not just a money grab, if your wine has been approved by their regulatory body you can ship directly to consumers in the state. Of course, there are two full time wine tasters in the entire state, so what’s the likelihood that they’re going to approve you?
New York:
A state home to one of the foodie capitals of the world as well as a burgeoning wine industry itself, New York has one odd regulation. Food and wine cannot be shipped together in the same gift basket. The law is a relic of the days when grocery stores were not suppose to sell alcohol, that was suppose to be saved for liquor stores which would be controlled more tightly and taxed more highly.
Texas:
One of the most complicated states for wine shipping, Texas allows shipments from wineries and licensed distributors. Retailers from outside of the great state of Texas are not allowed to hold permits. In fact, Texas takes this law so seriously that they routinely ask Fedex, UPS and other common carriers to turn over lists of retailers shipping wine into their state without a proper license. Of course, if you’re a huge retailer like Amazon, you’re welcome to a permit assuming you’re willing to relocate some jobs and a warehouse to somewhere in Texas. That’s a fair set up, right?
Rhode Island:
The smallest state in the union, Rhode Island was once a model for the direct shipment of wine. The state once allowed outside wineries, distributors and wine retailers to apply for and be granted permits, all for around $50 per year. Now, a more conservative state government has put in some protection for local stores and the permitting runs over $500 per year. That in essence has dropped income for the state, while dropping choices for consumers.
We hope you’ve enjoyed this inside look at the interesting and often wacky world of wine shipping laws in America. When we have friends move from California, they are often surprised at how difficult it can be receive their favorites wines and wine club subscriptions.
Mark Aselstine is the owner of Uncorked Ventures. He didn’t realize when he started a wine business, that he’s be spending 10-15% of his time at work filling out paperwork for state’s in which he has no customers.