In a prior entry, On Reserve recognized that The Postal Operations Sustainment and Transformation (POST) Act of 2010, if passed, could allow for the shipping of wine or beer through the federal Postal Service system. (See New Postal Reform Bill Could Affect Shipping Wine.) The text of the bill most applicable to the wine industry reads as follows:
(2) REGULATIONS.—Section 3001 of title 39, United States Code, is amended by adding at the end the following subsection:
‘‘(p)(1) Wine or malt beverages shall be considered mailable if mailed by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2).
‘‘(2) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that—
‘‘(A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility;
‘‘(B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of 10 age, and shall present a valid, government-issued photo identification at the time of delivery;
‘‘(C) the wine or malt beverages may not be for resale or other commercial purpose; and
‘‘(D) the winery or brewery involved shall
‘‘(i) certify in writing to the satisfaction of the Postal Service that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and
‘‘(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes.
‘‘(3) For purposes of this subsection, a winery or brewery shall be considered to be licensed if it holds an appropriate basic permit issued under the Federal Alcohol Administration Act.’’.
POST Act of 2010, § 3
The full text of the bill can be accessed at The Postal Operations Sustainment and Transformation (POST) Act of 2010.
For more information on wine or alcohol law, direct shipping, or three-tier distribution, please contact Lindsey Zahn.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.