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Q: Having wine shipped to New York ( Answered 5 out of 5 stars,   0 Comments )
Subject: Having wine shipped to New York
Category: Relationships and Society > Law
Asked by: stancranley-ga
List Price: $5.50
Posted: 07 Aug 2005 08:17 PDT
Expires: 06 Sep 2005 08:17 PDT
Question ID: 552708
It has been illegal to have wine shipped from out of state to my home
in New York.  I heard that law has been changed, but I have heard
varying reports about when this law goes into effect.  I believe one website
gave the date Aug. 12th but said it could end up being longer because
the law is still awaiting "final"

Ideally, I would like to be able to go online or make a phone call and have wine
shipped to my home from an out-of-state store or vineyard.  Will I be
allowed to do this and when?
Subject: Re: Having wine shipped to New York
Answered By: journalist-ga on 07 Aug 2005 09:15 PDT
Rated:5 out of 5 stars
Greetings Stancranley,

It appears that August 12th is the date, according to the official New
York State Department of Agriculture and Markets - it states August
12th as the day the law goes into effect:
"Governor George E. Pataki today announced that he has signed
legislation into law that provides a significant boost to New York's
wine industry by permitting the direct interstate shipment of wine in
New York State. The new law opens up New York's world-class wineries
to the national market while giving New Yorkers more choices as
consumers, and it imposes the necessary safeguards to prevent underage
drinking. . . . The new law will take effect August 12, 2005."

Other confirmations of that date from news sources:

" Wires
Thursday, July 14, 2005 
LODI, N.Y. -- Gov. George Pataki has authorized the direct shipment of
wines into and out of New York, signaling a new era for state wineries
hampered by alcoholic beverage laws dating back to the repeal of
Prohibition in 1933. . . . The new law, which takes effect in 30 days,
also allows New York connoisseurs to order wine by mail from wineries
throughout the country. . . . Under the ruling, New York either had to
let all wineries sell directly to consumers or block all shipments.
While state wineries pushed hard to remove shipping restrictions,
Pataki insisted on one compromise: limiting customers to orders of 36
cases a year from any winery."

"PORTLAND, Ore., July 14, 2005 - Oregon wineries now have an
opportunity to ship their wine direct to New York wine lovers, thanks
to a bill signed yesterday by Governor George Pataki allowing out-of
state shipment of wine. . . . The law will go into effect in 30 days.
Under the current law, only out-of-state wineries that have reciprocal
agreements may ship to New York consumers."

"LODI ? To produce great wine, the vines must suffer a little. And
while the vineyard at Lamoreaux Landing Wine Cellars was baking in the
sweltering summer sun Wednesday, a crowd of wine and Finger Lakes
enthusiasts withstood the heat for a long-awaited moment ? the signing
of a bill that will allow direct interstate shipment of wine beginning
Aug. 12.
The new legislation will:
# Continue to allow in-state shipping, but limit shipments to 36 cases
annually per customer;
# Enable reciprocal wine shipping privileges between New York and
other states, with the same annual limit of 36 cases per customer;
# Require appropriate licensing from the New York State Liquor
Authority for out-of-state shippers;
# Allow wineries to sell their wines only to customers 21 or older and
require the signature of a person over the age of 21 at the delivery
# Subject all wine shipped from New York to appropriate state and
local sales and excise taxes."

"Six weeks after the U.S. Supreme Court ruled that New York's
wine-shipping laws were unconstitutional, the state legislature has
voted to allow residents to order wine directly from producers in
other states. New York wineries, which were already allowed to ship to
in-state consumers, can now also sell to residents in other states
that allow direct shipments. **Each winery will be permitted to sell
up to 36 cases per year to any individual adult consumer.**  Wineries
and wine enthusiasts were kept waiting until the last possible minute,
as the Senate version of the bill, SB 1490, sponsored by Sen. George
Winner(R), was passed on June 24, only hours before the legislature
was set to adjourn for the summer. The assembly version, AB 7379,
introduced by Rep. Hermann Farrell (D), was passed two days before,
but did not limit the number of cases that could be shipped.",3697,2985,00.html

Business Week

FYI, here's the complete text of the Supreme Court decision


References like the ones below may be why you felt there could be a
possible delay in the passing of the legislation:

"New York's Governor defends his position on why he wanted a limit on
how many cases of wine you can buy from state wineries.  There was no
limit for how much wine you could buy under the original proposal.
Governor George Pataki wouldn't sign it until they was. The law says
you can only buy 36 cases of wine, like this, per year from each
winery. Dozens of people watched the governor sign the bill in Lodi
Wednesday. This law comes after the Supreme Court ruled earlier this
year that a ban on out of state shipments was unconstitutional."

and this:

"Pataki indicated that he would veto the bill if it didn't contain a
case limit. "Originally the governor wanted two cases a month,"
Carrier said, "but our concern was what do you do at the holidays?
What if someone's having a wedding--are they going to have to start
purchasing the wine they're going to need from that vineyard months in

"Pataki's office issued a statement clarifying that he didn't want
someone to be able to order unlimited quantities of wine and then
resell it. "The governor wanted to ensure that the legislation he
signed contained the appropriate safeguards to prevent underage
drinking by minors," said press officer Saleem Cheeks.

"Negotiations led to lawmakers settling on limiting wineries to 36
cases per person per year. Carrier said that consumers have the choice
of how they want to spread out those cases over the course of the
year: three per month, all 36 at once, or anything in between.",3697,2985,00.html


Should you have any problems in loading with the links I've provided,
please request a clarification before rating my answer, and I will be
happy to respond.

Best regards (and a toast to the grape),


"new york" state law out-of-state wine
"new york" out-of-state wine decision effect
"new york" out-of-state wine law effect
"new york" out-of-state wine "into law"
"new york" out-of-state wine law effect August
"new york" out-of-state wine limit cases
"new york" out-of-state wine delay
Pataki limit cases wine bill

Clarification of Answer by journalist-ga on 07 Aug 2005 11:58 PDT
Greetings again, Stancranley.  My colleague, Omnivorous-ga, emailed me
a link to a question he answered that may also be of interest to you.

Best regards,

Request for Answer Clarification by stancranley-ga on 07 Aug 2005 15:03 PDT
Excellent answer.  Thank you.

I assume this law allows NY consumers to receive shipments from out of
state wine shops, not just wineries.  Is that your understanding too?

Clarification of Answer by journalist-ga on 07 Aug 2005 15:48 PDT
Greetings again, Stancranley,

The first link I provided (the official NY state press release)
mentions only "winery" and "wine manufacturer" - I interpret that as
meaning winery shops only at wineries --or straight from a wine
manufacturer-- because the release doesn't mention liquor stores (if
that is what you mean by "wine shops").  At it reads in

"The law will establish a strict licensing mechanism to ensure that
proper safeguards are in place to prevent underage drinking and to
provide for the responsible shipment of wine to and from New York
State. The law requires, among other things:

#Limiting shipments from each winery to not more than 36 cases (no
more than 9 liters each case) per year to a resident of New York;
#Licensed wineries to sell their wines only to adults at least 21 years of age;
#Common carriers to obtain a valid photo identification and signature
before delivering wine to a resident;
#Each shipping container to be clearly labeled with the words
"Contains Wine - #Signature of Person Age 21 or Older Required for
#Limiting shipments from wine manufacturers to not more than 36 cases
(no more than 9 liters each case) per year to a resident of New York;
#Licensed wineries to register with the Department of Taxation and
Finance and pay all applicable State and local sales and excise taxes;
#Out-of-state wineries that apply for a license to ship into New York
to be located in a state which affords New York wineries reciprocal
shipping privileges."

Best regards,
stancranley-ga rated this answer:5 out of 5 stars
helpful and thorough

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