DTC WINERY SHIPPING LEGISLATIVE UPDATES
Fresh off of the 2025 Direct to Consumer Wine Symposium and we are already seeing action in several states, as predicted by Steve Gross (VP State Relations - Wine Institute) in his keynote “State of the States” address. Mississippi, Delaware, and New Jersey are expected to see legislative action in 2025, with Mississippi already reviewing bills in committee. Below is a look at current activities by state, of note:
DELAWARE: Hope for 2025
After an unsuccessful run in 2024, the plan is to reintroduce a bill in the new spring session. State Rep. Mike Smith says he “...hopes to put (a bill) forward in session very soon – and is encouraged that the "changing of the guard" in Dover will give it a good chance of passing. (As quoted in this article on Fox Business)
MAINE: BELLS Up and Running
In 2024, Carrie Rand Anastasiades (Wine Institute Director, Northeastern States) worked with BABLO staff to resolve the new ownership disclosure rules for licensees. In addition, the Bureau has launched BELLS, a new digital system for liquor license applications, renewals, brand registrations, and more. Streamlining processes, BELLS replaces outdated paper forms and provide an easier, more efficient experience for all licensees. Visit https://alcohol.maine.gov/prod/webui/
MISSISSIPPI: A Promising Start to 2025
HB 1175, sponsored by Representative Brent Powell, is currently making its way through the approval process. This bill is based on the model language used in many other states and calls for the creation of a DTC shipping license to allow an out-of-state winery, importer, wholesaler or retailer to ship up to 24 cases of wine annually to an adult individual in MS. There will be a $100 annual license fee, and all DTC shippers shall collect and remit a 15.5% tax on the retail sale price of the product. Free the Grapes! is supporting the bill with press outreach and a consumer-focused campaign, encouraging them to write to their legislators in support. You can share this link with MS consumers who are interested in supporting: https://freethegrapes.org/alert/winery-mississippi/
NEW JERSEY: Looking for Action in the Spring
We continue to expect an opportunity for a bill to be heard in support of removing the existing capacity cap in this state. We hope to see action on this in Spring 2025.
SEVERAL STATES: Packaging, Recycling, and ERP
A number of states are considering issues related to packaging, recycling of said packaging, and the producer’s role in that process. Wine Institute is watching a number a number of bills which include these aspects. As such, they have created a new tool for producers, which members can access through the Member Hub when they are logged in.
Wine Institute’s New Member-Only Extended Producer Responsibility (EPR) & Bottle Deposit Laws Resource
This resource allows Wine Institute members to keep track of the compliance and reporting requirements in each state that has passed legislation related to Extended Producer Responsibility (EPR), Post Consumer Recycled Content (PCRC) and/or a bottle bill. This will be a dynamic section of the website that will be updated as laws are passed and regulations are developed.
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/
Check out our website homepage - freethegrapes.org - to see status of action in DE, MS, and NJ, and share our letter-writing campaigns with any consumers in those areas who can assist.
