Wisconsin Public Act 73 of 2023 included numerous changes to the Department of Revenue and alcohol regulation. It created a new division within the department responsible for all alcohol related matters, mandated licensure and onerous reporting requirements for both fulfillment houses and common carriers and required the use of in-state agents.
Following passage, UPS and FedEx indicated they would no longer ship wine direct to consumers in the state of Wisconsin unless the common carrier reporting and labeling requirements were changed. Wine Institute worked closely with the common carriers, the Department of Revenue and legislative leadership to implement changes to the language to ensure that legal direct-to-consumer shipments of wine could continue in Wisconsin. These changes were passed in Senate Bill 616, which was signed into law by Governor Evers and become effective on January 1, 2025.
We recognize there are still issues to address regarding the fulfillment house language and the requirement for an in-state agent. While we continue to work with the Department of Revenue on the rulemaking process, we will identify additional changes to the law that we would like to see acted upon in the next session.
At this point, effective January 1, 2025, fulfillment houses will be required to obtain a fulfillment house permit for each location involved in the process of shipping wine to residents of Wisconsin. Permits must be renewed annually and have an annual fee of $100 for each permit.
Package labeling will also require the name, address and permit number of the fulfillment house permittee and the name, address and permit number of the direct wine shipper.
Monthly reporting will be required from fulfillment houses to include:
- The name and address of the person that manufactured the alcohol beverages.
- The name and address of the consignor of the shipment, if different from the person that manufactured the alcohol beverages.
- The name and address of the consignee of the shipment.
- The date of the shipment.
- The type and quantity of alcohol beverages shipped to the consignee.
- The parcel tracking number, waybill number or other identifying number for the shipment.
Act 73 also clarifies that a direct wine shipper’s permit entitles the holder to only sell those wines it has manufactured or bottled beginning May 1, 2024.
Again, state relations will continue to work closely with the Department of Revenue and will update members as more information about their process moving forward becomes available.