Are you looking to ship or sell wines from New Jersey to other states? If so, you need to be aware of the restrictions and regulations that are in place. In this article, we'll discuss the current laws and regulations governing the shipment and sale of wines from New Jersey to other states. Under current law, New Jersey is one of many states that allow direct-to-consumer wine shipments from wineries in other states, with restrictions. However, shipments of wine from retailers in other states are prohibited.
Winery licenses from other states are issued by the New Jersey Division of Alcoholic Beverage Control (ABC). Winery license holders from other states must adhere to the authorization and tax authorization provisions established by law. Retailers face more difficulty when it comes to shipping to New Jersey. The state's laws are technically “easier” for wineries.
New Jersey wants reciprocity for its winemakers to ship to other states. Most states have legal provisions that allow manufacturers in other states to ship alcoholic beverages directly to consumers. Most states restrict direct shipments to wine only. The department will issue direct permits to wine carriers that authorize them to ship wine directly to a person in the state who is of legal drinking age, who acknowledges receipt of the wine shipped, and who is not intoxicated at the time of delivery.
The person receiving a package of sparkling wine or still wine must provide proof of age as provided in R. Only a winemaker who holds a wine dropshipping permit issued in accordance with this section will be allowed to retail wine for direct shipment to anyone within this state. The holder of a winery license issued by another state may annually renew a direct-ship wine permit by providing the alcoholic beverage commission that issued the permit with a copy of the license and paying all required fees. Before sending a shipment of wine to a personal consumer, the S-2 permit holder, or an employee of the permit holder, must make a good faith effort to ensure that the personal consumer is at least 21 years of age.
At the expense of the direct shipper of wine, they will receive a delivery confirmation from the express transport company, joint carrier or contracted carrier indicating the place of delivery and the name and signature of the person who accepted the delivery. The licensee must keep records of every shipment of wine made to purchasers in this state for two years. The Alcohol and Tobacco Tax and Trade Office does not have a contract pursuant to subsection E of this section for the production or manufacture of wine from grapes or other fruits grown on at least five productive acres of land owned or controlled by the applicant and the land has been dedicated to fruit cultivation for at least three consecutive calendar years. In addition, all gallons of all wine sales sent directly to New Jersey consumers must be declared on the Beverage Tax List (Form R-7, Schedule D-W).
Shipments made in accordance with this chapter must be made by a common carrier and must be accompanied by a shipping label that clearly indicates the name of the direct sender and the name and address of the recipient. A permit holder will renew a direct-ship wine permit annually as required by the department to continue direct shipments of wine to residents of New Mexico. The drop shipper will record the name, address, date of birth, and telephone number of the person placing the order on the order form or other verifiable record. Direct shippers must deliver wine and beer using a common carrier to a Delaware wholesaler, who in turn will deliver it to the holder of a retail license outside Delaware facility. A person can obtain a license as an agricultural winery to sell wine produced or manufactured if in a calendar year they produce at least 200 gallons and no more than 40,000 gallons of wine and if they have a winery permit issued by U. C) No holder of a special order shipping license will be allowed to ship more than 12 standard boxes of wine from one brand or combination of brands to this state per calendar year. Notwithstanding any law, rule, or regulation to the contrary, any carrier may apply for an alcoholic beverage transportation license which allows them to transport and deliver shipments of wine directly to a resident of this state who is at least 21 years old.