Weekly Digest | New Wholesale Portal, TTB Label Rulemaking, Impactful Retailer Shipping Decision, Napa Compliance Policy Changes
December 5, 2018
By Melani Meister, Sales Manager
In this week’s digest, we examine the all-new Wholesale Laws for Wineries portal, a new rulemaking document from TTB, a momentous court ruling in Illinois, and Napa County presents a new resolution for compliance policy.
We are proud to announce that through collaboration with the Wine Institute, we launched the Wholesales Laws for Wineries portal. This portal is a one-of-a-kind resource that provides state-by-state compliance information for wineries who sell through the three-tier system. Wine Institute members have full access to this resource and can access it by creating an account or logging in into their current account with Wine Institute. The DTC shipping section remains publicly accessible to both members and non-members.
TBB is already making moves towards accomplishing their five-year plan. They recently announced that they have published a rulemaking document (Notice No. 176) designed to significantly update, simplify, and improve alcohol advertising and label regulations. Read through these rules carefully as TTB is encouraging public comments and suggestions.
Will interstate retail rules relax after a landmark decision from the Supreme Court? Last week there was an important ruling by a federal appeals court in Illinois that could have a head-on impact with direct shipping. The court’s ruling appeared to suggest that when writing liquor laws, states should not be able to discriminate against out-of-state retailers.
Legal experts have been shocked at the 7th Circuit’s issued decision to reverse and remand the retailer shipping case in Illinois. The 7th Circuit claimed that the record should have been developed and the issues fully investigated. Judge Wood went into a deep legal analysis of how the circuits were divided on the 21st Amendment overriding the Commerce Clause and permitting unequal treatment of in-state and out-of-state retailers, potentially creating more momentum for the issue to be heard by the Supreme Court as part of Byrd.
A resolution has been proposed by the Napa County Board of Supervisors that appoints deadlines and compliance requirements for existing winery use permits. In response, the Napa Valley Vintners published a brief that reviews the proposed resolution and highlights specific areas of concern. We strongly encourage those effected carefully read the resolution that would go into effect on March 29, 2019.