Massachusetts Lawmakers to Hear Testimony on Wine Direct Shipping, Tuesday, May 10th
Who: Joint Committee on Consumer Protection and Professional Licensure
When: Tuesday, May 10, 2011; 1:00 PM Eastern Time
Location: Massachusetts State House, Room A-1, 24 Beacon St, Boston, MA 02108
Bill Information: http://www.malegislature.gov/bills/187/house/h01029 HB 1029 conforms to the ruling Family Winemakers of California v. Jenkins, which was upheld by the 1st Circuit U.S. Court of Appeals in January 2010. The lawsuit successfully challenged a 2006 Massachusetts statute banning winery-to-consumer shipments from wineries and wine companies producing more than 30,000 gallons per year, and who retain a wholesaler. The 30,000 gallon capacity cap was ruled to be discriminatory and the legislature was tasked with developing a remedy. Introduced in February by Representative David M. Torrisi, HB 1029 is similar to the model direct shipping bill that is the foundation for statutes in the majority of U.S. states, providing legal, regulated direct shipping to consumers. Among other provisions, HB 1029 requires wineries to purchase a state-issued shipping license, to mark boxes as requiring an adult signature at delivery, and limits the quantity of wine shipped to individuals to 24 cases per year. The basis for HB 1029, the model direct shipping bill, was cited by the U.S. Supreme Court and supported by the Federal Trade Commission. Thirty-seven states and Washington D.C. ? but not Massachusetts ? allow licensed wineries to ship directly to consumers ? those states account for 83% of US wine consumption. Massachusetts is the seventh largest wine consumption state in the U.S. however it is one of 17 states that continue to ban winery-to-consumer direct shipments. Maryland Governor O?Malley is scheduled to sign House and Senate Bills later this month to allow winery direct shipping, which will make Maryland the 38th state to allow winery direct shipping.

