LEGISLATIVE UPDATES ON DTC SHIPPING
2025 has seen quite a bit of activity on the direct shipping front. As you will remember, Arkansas, Delaware, and Mississippi all saw legislation pass, though there is still room for improvement within that legislation.
Below is a look at current activities alphabetically by state:
ARKANSAS: Direct shipping law now in effect
Reminder that Arkansas has now adopted a permit model like those in use in most other states. Consumers are no longer required to make the purchase on-site at the winery. Wineries, suppliers, or importers licensed in any state may apply for a direct wine shipping permit from Arkansas’s ABC to ship directly to a consumer’s residence. Note: the recipient must reside in a wet county to receive shipment.
The other state that still maintains an on-site order requirement is Rhode Island.
CALIFORNIA: Passes direct shipping law for spirits
In another iteration of direct-to-consumer shipping, it is worth noting that California recently adopted a DTC shipping law for spirits products. The new law has a one-year time frame, January 1, 2026, through December 31, 2026, and replaces the “emergency” shipping provisions that had been in place since the COVID era. Those provisions applied primarily to California distillers shipping to consumers within the state, but as of January DTC shipping into California will be allowed from distilleries from across the United States, provided the shipments meet certain provisions and qualifications. This can serve as a type of test case for other markets around the country.
DELAWARE: Discussions continue on direct shipping
In 2026, we hope to see discussions continue regarding ways to improve the legislation that was passed earlier this year. The legislation passed includes significant restrictions on winery-to-consumer direct shipping by prohibiting the shipment of wine from wineries currently represented by DE wholesalers. This includes wineries that are a subsidiary of a larger wine producer or supplier with distribution.
In addition to this unworkable requirement, there are other stipulations that the common carriers and others have also expressed concerns about. As of now, there is agreement to continue conversations in 2026 with all parties in the hopes of resolving some of these issues.
Free the Grapes! Has worked to bring awareness to this situation, with a call to action for consumers to write to their legislators, and through press outreach and coverage to make the unfavorable restrictions of the bill known and understood.
DISTRICT OF COLUMBIA: Bottle deposit discussions
Bottle deposit programs are growing across the country; however, they can prove to be onerous to wineries. The District of Columbia has been considering a bottle deposit program that would fall into this category. The bill is still in committee and under discussion, with Wine Institute providing testimony.
HAWAII: Direct shipping permit license fees
Work continues to keep license fees as a part of the public rulemaking process, which will hopefully provide transparency and opportunity for comment should any changes be proposed. Increases in these costs have been a pain point in recent years.
IOWA: Change in reporting platform
As of October 22, 2025, Iowa has made a change to its online interface and reporting platforms. This will impact wineries selling direct to consumers in the state. A notice from the state on this change can be found here.
MAINE: Ongoing issues with bottle deposit program
Speaking of bottle deposit programs, Maine’s implementation of this has proven to be exceedingly difficult and damaging to most wineries’ abilities to sell wine through both the DTC and 3-tier channels. As things stand, a true resolution is still elusive, but discussions are underway with alternative co-mingling agents that may provide better solutions for this difficult and expensive issue.
MISSISSIPPI: DTC Shipping Applications Available
Reminder that Mississippi now offers a direct shipping permit. Full details on the permit can be found here. Of key significance, shipments are only open to those wines that are not currently distributed through the state’s ABC warehouse, with the exception of those designated as highly allocated. However, orders for these wines may not be filled until the state allocations are completed.
NEW JERSEY: We keep fighting
The New Jersey Legislature returns to work after the election to a “Lame Duck” period until early January, where bills pass quickly and unexpectedly, as leadership advances outstanding initiatives. Two bills remain in play, having been introduced in the spring of 2024. Both bills would remove the 250,000-gallon capacity cap on the size of wineries that can ship to consumers in New Jersey. Read more about the capacity cap on our blog.
We hope these bills will have a chance to be reviewed and passed in this upcoming session. You can help show support for these bills by writing to your New Jersey legislator.
WASHINGTON: Dates and deadlines for producer responsibility organizations (PROs)
By January 1, 2026, each producer of packaging and paper products (PPP) must appoint a producer responsibility organization (PRO). By March 1, 2026, the PRO(s) must register with the state for official selection and approval. As of July 1, 2026, all producers must then be registered with an approved PRO as part of the extended producer responsibility (EPR) requirements. There are newly released dates and key deadlines that have just been released regarding this process, and these can be found on Washington’s EPR website.
ALL STATES REMINDER: Use your own shipping permit!
It is the position and recommendation of Wine Institute that every winery obtain and utilize their own permits with each state where they are shipping wine. Utilization of a permit belonging to a third party can raise flags in certain situations, and there are a number of states that are paying closer attention to these instances, with potentially negative outcomes.
More compliance guidelines can be found at: https://wineinstitute.compliancerules.org/
