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Three States Add Fulfillment House Requirements for DTC Shippers

Three states have added fulfillment house requirements for DTC shippers this year, bringing the total number of states with these requirements to sixteen.

The requirements vary. Some states have established licenses or registrations for fulfillment houses; others require specific reports and/or records from the services; another group simply requires DTC shippers to inform them what fulfillment service they use.

Here are the new requirements for Maine, Nevada and Wisconsin for DTC shippers:

A new law in Maine requires fulfillment providers to register each address from which they ship with the ME Bureau of Alcohol Beverages and Lottery Operations (BABLO). The law also mandates quarterly reporting of wine shipments by direct shippers, fulfillment providers, and common carriers beginning January 1, 2025. The agency only recently began accepting registration applications when its new online licensing system BELLS went live on October 28. Going forward, wineries shipping to consumers in Maine must use fulfillment providers with valid BABLO Fulfillment Provider registrations, and fulfillment providers must keep track of their customer’s ME licenses.

This year Nevada also began requiring licenses from third party logistics companies shipping alcoholic beverages to Nevada wholesalers and/or consumers. The NV Department of Taxation announced in August that all warehouses shipping to Nevada on behalf of suppliers must hold an approved Certificate of Compliance (COC)—the same license held by suppliers and direct shippers. Winery or Supplier applications for new or renewed COCs will not be approved unless the warehouse where the applicant ships holds a valid COC.

Wisconsin will join the list of states regulating fulfillment houses on January 1, 2025. Direct shippers are currently prohibited from shipping to Wisconsin consumers from a third-party warehouse. The new law will allow wineries to use fulfillment houses that hold a WI Fulfillment House Permit. It also will require permits for common carriers shipping wine to WI and monthly reports from both the carriers and the fulfillment houses.

Subscribers to The Digest of Wine & Spirits Law have easy access to updated laws like these. The Digest contains full descriptions of state requirements as well as overview tables allowing a quick review of the primary requirements when shipping DTC or wholesale.

For a demonstration of The Digest, view the video, or contact us to schedule a live screen-share demo. Visit our website or give us a call: 800-400-1353.

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The Digest is a compilation and condensation of statutes, regulations, and administrative decisions from all states governing the sales and marketing of wine and distilled spirits. It is a user-friendly reference guide to the information you need to conduct business as a producer, wholesaler or importer in the wine and spirits industry. It has been specifically designed to eliminate the problem of spending hours searching for the statutes and regulations relevant to your situation. It is available in print and online versions. The online version allows the subscriber to access desired information by subject or by state. The print version comes in a four binder set.

Digest subscribers represent all aspects of the alcoholic beverage industry, from wineries, distilleries, wholesalers and importers to attorneys, trade associations, and industry consultants. Anyone who needs to navigate the regulations of selling and marketing wine and distilled spirits will be benefitted by a subscription to this versatile service.

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The Digest website offers many useful features which allow subscribers to view information in various ways and stay informed and up to date as changes are made.

  • Searches: The information in the State Digests can be searched either by state or by topic. For example, if information is needed on distributor relationships in few states, select the Franchise Laws topic and the states needed and run a report. If a new market is being contemplated, select the state and run the report.
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  • Compare: When a topic has been updated, click on the update date for a marked up version showing the recent additions and/or deletions.
  • Notifications: Subscribers can opt-in for email notifications about updates to The Digest. Emails are short compilations of recent changes and are sent 2-4 times each month.

What The Digest Covers

Here are some of the resources you'll find in The Digest:

State Digest - A separate Digest has been prepared for every state and the District of Columbia. States that have both state-controlled business and private-sector business (through wholesalers) are further divided into two Digests — a “Control” Digest and an “Open” Digest (for example, Oregon Control and Oregon Open). Similarly, states that conduct only state-controlled business are labeled as a “Control” Digest (for example, New Hampshire Control).

The individual state Digests cover a wealth of practical information, beginning with contact data for each applicable regulatory agency — the mailing, street, and internet address(es), as well as phone and fax number(s). Each state Digest is organized in a standardized, easy-to-follow format. Its information is divided into seventeen major sections and numerous subsections (which can vary by state). Refer to the "Outline of State Digest Information" below for an explanation of these primary divisions.

Legal citations are included with the relevant text, not in a separate footnote or listing. These references enable you or your legal counsel to locate the necessary statutory or regulatory data quickly and easily when you want to review the regulatory sources in their entirety.

Requirements by State - Tables providing “at a glance” summary information on each state’s requirements. One table is provided for Suppliers selling through the wholesale channel and includes licensing, bond, and sales license requirements, as well as label registration, price posting, monopoly protection, and reporting. The other table is for companies shipping Direct to Consumer and includes licensing, bond, and tax registration requirements as well as sales and excise tax reporting, label registration, wine of own production, and shipping limits.

Control States - A listing of all “control” states, with an explanation of what commodities are covered and how business is conducted in each particular state that operates a control system.

Direct Shipments of Alcoholic Beverages (to Consumers and/or Retail Licensees) - A state-by-state compilation of information on shipping alcoholic beverages direct to residents and/or retail licensees in the listed states. Qualifications for licensing, protocols for shipping, tax returns and reports to be submitted, and all legal requirements are covered in detail. A few states permit the direct shipment of distilled spirits and/or malt beverages in addition to wine. This listing also includes available information on felony prosecutions and penalties for those states that do not permit direct shipments to consumers.

Excise Tax Table - A table showing current data on excise tax rates for the federal government and each state for wine and distilled spirits. Additional rates for cider and beer are found in the respective State Digests.

Federal Law and Regulations - Selected sections of the law, or Code of Federal Regulations (CFR), are reprinted in their entirety (except as otherwise noted) and included for ease of reference.

History

The Digest of Wine & Spirits Law was founded in 1991 by Mary Kramer of M. J. Kramer & Associates. Since Mary's retirement in 2018, the service has been carried on by Compliance Service of America, (CSA), a long time subscriber of The Digest.

CSA has specialized in alcoholic beverage regulation and licensing since 1983. A fully staffed compliance firm, CSA brings to The Digest a wealth of expertise and experience in explaining complicated regulations in plain English.

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Subscriber Coordinator/Manager Dyana Nedra digest@wineandspirits.com 800-400-1353 223
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The Digest of Wine & Spirits Law 54476 Mariah Rd, Myrtle Point OR United States of America 97458

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