FREE THE GRAPES News
Posted: Wed Jun 08, 2011 12:13 pm
LEGISLATIVE UPDATES
On balance, 2011 has been a very good year for direct shipping legislation. Maryland will open in July, New Mexico transitioned to a permit state, and Florida remains open. There are some fix-it bills as well, including a Tennessee law that allows DTC shipments to "dry" addresses, and an Indiana law that will produce a Maryland-like DTC study. And there have been positive developments in large states such as Massachusetts, New Jersey and Pennsylvania.
HR 1161 looms over these advances, and that's where we start this month's update.
HR 1161: Still Threatening
The most aggressive attack on wine direct shipping has more than 50 House co-sponsors, but at this time no Senate sponsor. Free the Grapes! has been working with industry representatives to generate consumer letters in opposition to HR 1161 in specific states, in part to discourage the introduction of a Senate version of the bill.
In the past two months, wine lovers like you sent more than 5,000 letters to Congress in opposition to the bill. If you haven't gotten around to it, take two minutes and click here: http://www.capwiz.com/freegrapes/issues ... d=37377501
STATE LEGISLATIVE UPDATES
Many legislatures are winding down, or have concluded, their 2011 sessions. Here is a summary:
FLORIDA: Bills Fail to Overturn Direct Shipping
Since March 2006, Floridians have enjoyed the right to purchase wines directly from wineries. Senate Bill 854 and House Bill 837, introduced earlier this year, would have rescinded direct shipping by introducing capacity caps. Fortunately both bills died in committee in early May.
MARYLAND: 38TH Legal State Looks to Implement Law 7/1
The Comptroller's office appears to be on track to issue the forms required for wineries to obtain a permit to ship. The law's effective date of July 1, 2011, but remember that it may take a few months for wineries to submit and obtain permits before shipments can begin. (We've waited this long…)
MASSACHUSETTS: House Bill 1029 Under Consideration
House Bill 1029 was heard on May 10 in the Joint Committee on Consumer Protection and Professional Licensure. No vote was taken, although wine industry representatives provided verbal testimony. HB 1029, introduced in February, is similar to the bill that stalled in 2010. Among other provisions, HB 1029 requires wineries to purchase a $100 shipping license, limits shipments to 24 cases per year, and resolves the common carrier issue.
ACTION: Contact your Massachusetts legislators by following this link:
http://capwiz.com/freegrapes/issues/ale ... d=45435501
NEW JERSEY: Capacity Cap Bill Vote Deferred
Last year, pro-consumer Senate Bill 766 (Sweeney) passed the Senate but its companion, Assembly Bill 1702 never got a hearing and rolled over into 2011.
This year, Senator Sweeney's well-intentioned new bill, SB 2782 would allow for limited direct shipments, and it responds to a 3rd Circuit U.S. Court of Appeals ruling that declared New Jersey winery "satellite" tasting rooms illegal. But the bill included a capacity cap that would exclude 90%+ of US wine production from direct shipment. Earlier this month, a committee vote on SB 2782 was deferred so the bill may turn up again soon.
ACTION: Continue to support AB 1702 (no capacity cap) by personalizing a letter. Just follow this link:
http://capwiz.com/freegrapes/issues/ale ... d=12725801
PENNSYLVANIA: Finding Solutions to Taxing Issues
As previously reported, wine industry representatives continue to work to find solutions to the tax and other issues that prevent direct shipping. But earlier this year, the PLCB reached out to wine industry representatives from Wine Institute to discuss options and four bills have been introduced.
ACTION: Please write your legislators by visiting this link:
http://capwiz.com/freegrapes/issues/ale ... d=37791501
Additional State Legislative Updates:
Indiana: HB 1132, a bill recommending a Maryland-like study of direct shipping – including the existing wholesaler exclusion and face-to-face requirement – was signed by the Governor May 10. This is a favorable sign for wine lovers.
Rhode Island: SB 170, based on the model bill, was introduced and would replace the current face-to-face statute.
Tennessee: HB 853 allows DTC shipments to all addresses in the state, rather than just the wet areas. The bill was signed by the Governor in May.
Texas: HB 1366 would raise from 35k to 55k gallons the annual limit any winery may sell to directly TX consumers. The bill moved favorably out of Senate Committee on Business and Commerce.
Vermont: SB 9 would add in-state retailers to the existing DTC shipping statute, and would increase the annual shipping limit from 12 to 20 cases per winery per consumer.
On balance, 2011 has been a very good year for direct shipping legislation. Maryland will open in July, New Mexico transitioned to a permit state, and Florida remains open. There are some fix-it bills as well, including a Tennessee law that allows DTC shipments to "dry" addresses, and an Indiana law that will produce a Maryland-like DTC study. And there have been positive developments in large states such as Massachusetts, New Jersey and Pennsylvania.
HR 1161 looms over these advances, and that's where we start this month's update.
HR 1161: Still Threatening
The most aggressive attack on wine direct shipping has more than 50 House co-sponsors, but at this time no Senate sponsor. Free the Grapes! has been working with industry representatives to generate consumer letters in opposition to HR 1161 in specific states, in part to discourage the introduction of a Senate version of the bill.
In the past two months, wine lovers like you sent more than 5,000 letters to Congress in opposition to the bill. If you haven't gotten around to it, take two minutes and click here: http://www.capwiz.com/freegrapes/issues ... d=37377501
STATE LEGISLATIVE UPDATES
Many legislatures are winding down, or have concluded, their 2011 sessions. Here is a summary:
FLORIDA: Bills Fail to Overturn Direct Shipping
Since March 2006, Floridians have enjoyed the right to purchase wines directly from wineries. Senate Bill 854 and House Bill 837, introduced earlier this year, would have rescinded direct shipping by introducing capacity caps. Fortunately both bills died in committee in early May.
MARYLAND: 38TH Legal State Looks to Implement Law 7/1
The Comptroller's office appears to be on track to issue the forms required for wineries to obtain a permit to ship. The law's effective date of July 1, 2011, but remember that it may take a few months for wineries to submit and obtain permits before shipments can begin. (We've waited this long…)
MASSACHUSETTS: House Bill 1029 Under Consideration
House Bill 1029 was heard on May 10 in the Joint Committee on Consumer Protection and Professional Licensure. No vote was taken, although wine industry representatives provided verbal testimony. HB 1029, introduced in February, is similar to the bill that stalled in 2010. Among other provisions, HB 1029 requires wineries to purchase a $100 shipping license, limits shipments to 24 cases per year, and resolves the common carrier issue.
ACTION: Contact your Massachusetts legislators by following this link:
http://capwiz.com/freegrapes/issues/ale ... d=45435501
NEW JERSEY: Capacity Cap Bill Vote Deferred
Last year, pro-consumer Senate Bill 766 (Sweeney) passed the Senate but its companion, Assembly Bill 1702 never got a hearing and rolled over into 2011.
This year, Senator Sweeney's well-intentioned new bill, SB 2782 would allow for limited direct shipments, and it responds to a 3rd Circuit U.S. Court of Appeals ruling that declared New Jersey winery "satellite" tasting rooms illegal. But the bill included a capacity cap that would exclude 90%+ of US wine production from direct shipment. Earlier this month, a committee vote on SB 2782 was deferred so the bill may turn up again soon.
ACTION: Continue to support AB 1702 (no capacity cap) by personalizing a letter. Just follow this link:
http://capwiz.com/freegrapes/issues/ale ... d=12725801
PENNSYLVANIA: Finding Solutions to Taxing Issues
As previously reported, wine industry representatives continue to work to find solutions to the tax and other issues that prevent direct shipping. But earlier this year, the PLCB reached out to wine industry representatives from Wine Institute to discuss options and four bills have been introduced.
ACTION: Please write your legislators by visiting this link:
http://capwiz.com/freegrapes/issues/ale ... d=37791501
Additional State Legislative Updates:
Indiana: HB 1132, a bill recommending a Maryland-like study of direct shipping – including the existing wholesaler exclusion and face-to-face requirement – was signed by the Governor May 10. This is a favorable sign for wine lovers.
Rhode Island: SB 170, based on the model bill, was introduced and would replace the current face-to-face statute.
Tennessee: HB 853 allows DTC shipments to all addresses in the state, rather than just the wet areas. The bill was signed by the Governor in May.
Texas: HB 1366 would raise from 35k to 55k gallons the annual limit any winery may sell to directly TX consumers. The bill moved favorably out of Senate Committee on Business and Commerce.
Vermont: SB 9 would add in-state retailers to the existing DTC shipping statute, and would increase the annual shipping limit from 12 to 20 cases per winery per consumer.