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 Wine Direct Shipping FAQsQ) What OLCC licenses do I need in order to be able to direct ship my Oregon wine brand? A) You need to have a valid OLCC Winery License or a Growers’ Sales Privilege (GSP) License to ship wine (such brand owners should also hold a TTB Basic Permit as a Bonded Winery or Wine Wholesaler, respectively). For more information on how to obtain a Winery License or GSP License, please see http://www.olcc.state.or.us/, and click on “Get a Liquor License” at the top of the page. Q) How much wine can I ship in-state? A) Oregon law currently allows you to ship up to two cases (not more than nine liters per case) of wine each month for personal use and not for resale, to any Oregon resident who is at least 21 years old. Q) In which states can I ship directly to consumers, and what is required to ship to those states? A) The list of states which allow out-of-state wineries to ship directly to consumers, the kinds of businesses which are eligible to make shipments, and the compliance requirements for those shipments, changes regularly. Most states which allow direct wine shipments to their consumers require some registration, permit, or license from their state before you can ship there. Our industry’s national legislative partner, WineAmerica , as well as our friends at California’s Wine Institute , each regularly maintain helpful information about state-by-state direct shipping opportunities and registration requirements. Q) I'm preparing my paperwork to apply for a Direct Shipper's License in the state of New York. They say we must furnish a letter of reciprocity from Oregon. What exactly do we need? A) The OLCC Ruling on Reciprocity is needed to complete your application. Click here for the document. Q) How much wine can I ship out-of-state? A) That varies by state. The Wine Institute’s state shipping law updates is an excellent first resource for state-by-state information. Q) What commercial carriers can I use to ship wine? A) DHL Express, Fed-Ex, and UPS all ship wine. Please note: It is illegal to send wine through the US Postal Service.
Q) Do my shipping containers have to be specially marked? A) Yes. The shipping container of any wine sent with or from Oregon must be clearly marked, substantially as follows: “CONTAINS ALCOHOLIC BEVERAGES. DO NOT DELIVER TO PERSONS UNDER 21 YEARS OF AGE OR TO A PERSON WHO IS VISIBLY INTOXICATED.” Individual states and common carriers may require additional labeling of wine shipments and/or may have additional requirements – please review the links below for more information. However, note that sometimes the carriers’ own labels (i.e., only saying “Adult Signature Required”) are not sufficient to satisfy applicable state law. Q) Are there any federal requirements for direct shipping wine? A) While each state determines its own shipping rules, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a notice reminding that a federal Basic Permit is needed to conduct business (Oregon Winery Licensees should have a Basic Permit as a Bonded Winery, and Oregon GSP Licensees should have a Basic Permit as a Wine Wholesaler). TTB Basic Permits and can be revoked if an organization is found to be violating direct shipping rules in every state: “In response to the Granholm v. Heald, U.S. Supreme Court decision (May 16, 2005), many states are changing their alcohol laws and regulations. The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminds members of the alcohol beverage industry that they continue to be responsible for complying with State rules governing transactions in alcohol beverages in addition to complying with Federal rules. For holders of basic permits under the Federal Alcohol Administration Act, such compliance is a condition of the permit. For more information, see TTB's new Direct Shipping guidelines at: http://www.ttb.gov/publications/direct_shipping.shtml.” Q) This still sounds easier than it is in practice. Who can I talk to for additional support? A) Members of the Oregon Winegrowers Association may contact the association’s general counsel, Jesse D. Lyon of Davis Wright Tremaine LLP (http://www.dwt.com/lawdir/attorneys/LyonJesse.cfm), for additional information and general support about how Oregon wineries and growers can evaluate and implement direct shipping opportunities. This site does not contain and is not intended to deliver legal advice. [revised December 12, 2006] |