Four years ago, Colorado enacted a law imposing burdensome use tax reporting and notification requirements on out-of-state retailers that do not collect Colorado sales tax on sales to Colorado consumers. The law was immediately challenged in federal court on the basis that it discriminated against interstate commerce, preventing the Colorado Department of Revenue from enforcing […]
FedEx to Begin Transporting Wine to South Dakota Consumers Jan. 15, 2016
FedEx has informed Wine Institute that, effective Jan. 15, 2016, FedEx Ground and FedEx Express will open the state of South Dakota for legal direct-to-consumer wine shipments. Per FedEx policy, all alcohol beverage shipments may only be tendered by licensed entities that have executed a FedEx Alcohol Shipping Agreement. All alcohol beverage shipments must comply […]
Fewer Reports for Oregon Direct-to-Consumer Shippers
Wineries licensed to ship to Oregon consumers will have fewer reports to file in 2016. On Jan. 1, 2016, new legislation, SB 583, transitioning Oregon from a monthly reporting state to a quarterly reporting state will become effective. The Oregon Liquor Control Commission intends to mail a notification of the reporting change to direct wine […]
South Dakota Direct-to-Consumer License Application Available
The South Dakota direct-to-consumer license application is now available. Under the provisions of the new shipping law (HB 1001), that go into effect Jan. 1, 2016, a winery with a Direct Wine Shipper license may ship up to 12 cases of wine produced under their federal basic permit to any adult consumer in South Dakota […]
FedEx Begins Transport of Alcohol Beverages in North Dakota
FedEx has informed Wine Institute that, effective Sept. 15, 2015, FedEx Ground and FedEx Express will once again transport legal alcohol beverage shipments into, out of and within the state of North Dakota. • Per FedEx policy, all alcohol beverage shipments may only be tendered by licensed entities that have executed a FedEx Alcohol Shipping […]
Proposed Regulations Offer Guidance on IL Shipping Charges, May Help Resolve False Claims Act Legal Cases
SAN FRANCISCO — The Illinois Department of Revenue (DOR) has just issued proposed regulations to clarify its position on the issue of charging sales taxes on shipping charges on direct-to-consumer wine shipments into that state. Wine Institute and several member wineries recently filed a lawsuit to fight the spate of false claims act lawsuits targeting […]
New Online Label Registration Available in Louisiana
The Louisiana Alcohol and Tobacco Control (ATC) last week announced the procedures for registering labels under its new online system. (ATC is now responsible for all label registrations for member wineries—which no longer need to register labels with the Department of Health.) Louisiana is utilizing the Product Registration Online (PRO) system already in use in […]
Wine Institute and Member Wineries File Suit to Stop Illinois False Claims Act Lawsuits
SAN FRANCISCO — Wine Institute, and three of our member wineries (Chimney Rock Winery, the Miner Family Winery, and Staglin Family Vineyard), have filed suit in Illinois to fight the spate of “Illinois False Claims Act” (IFCA) lawsuits that have been filed against wineries selling directly to consumers in that state. Brought by a private […]
Legislative Update in Alabama & Louisiana
The Alabama legislature has now adjourned. Wine Institute successfully opposed efforts by wholesalers to pass monopoly protection (franchise) laws in both Tuscaloosa and Lee Counties. Also, bills that would have imposed local sales taxes on sales of wine and spirits in Talladega and Shelby Counties were defeated. Local option laws in Alabama are traditionally hard […]
New Label Approval Process and Direct Shipping Requirements in Louisiana
On July 1, 2015 Governor Bobby Jindal signed legislation (H 331) into law moving the alcohol beverage label approval process from the Louisiana Department of Health & Hospitals (DHH) to the Office of Alcohol and Tobacco Control (ATC). He also signed S 235, which establishes new requirements for licensed direct shippers and common carriers. H […]
