GOOD NEWS FROM NORTH DAKOTA

[Jerry D Mead]

North Dakota, which started out trying to pass a felony shipping bill, instead ended up becoming an "open state," according to Wine Business Insider.

Originally passed as felony bill, SB 2216 was amended to allow direct shipping of wine with no volume limits and no winery permit requirement. (Spirits are limited to 2.38 gallons or less and beer to 288 fluid ounces per month.)

Every package must be labeled "Signature of a person age 21 or older required for delivery."

A violation of that reg would bring a "cease and desist" order for a first time offender. A second violation would be a Class A misdemeanor; a third violation a Class C felony. For wineries, these penalties only cover labeling provisions.

The law goes into effect August 1, 1999.

Nevada legislators, who are considering similar personal importation legislation, would do well to pattern their legislation after the North Dakota model.

JDM

[Kcwhippet]

There's no reason ALL states can't pattern legislation after the North Dakota model. Of course, the wholesalers who've been effectively blocking any such action in other states would never stand for it. Be that as it may, I'm going to try to find the language in the North Dakota bill and send it to my state Reps and Senators, and say "See, other states aren't as backward and oppressive as Massachusetts." If we can get enough consumers everywhere to do the same, we may get things to finally go our way, for a change. Anyone out there interested in jumping on the bandwagon?

Bob

[n144mann]

Well I have already written all of my government reps. I really don't have it too bad here, but I want to make sure it doesn't get worse and would like to see the volume restrictions removed. Right now I can get wine in from any other state with a reciprocal shipping agreement, but only two cases a year. I am not sure anyone really keeps track, but that is the law.

So Curm, exactly how did the North Dakotans swing the vote and get it amended from felony to open?? Maybe we should all look into their techniques??

Nancy



[This message has been edited by n144mann (edited 04-12-99).]

[Jerry D Mead]

//As you can see from the copy of the attached e-mail...FTG and Wine Institute are taking credit for the win. Maybe they deserve it...but I asked them in a reply that if they were so active all the way back in North Dakota, why hasn't anyone heard a peep out of either group here in Nevada where a friendly State Senator came up with personal importation legislation all on his own and which the wholesalers are currently busy amending to death. I don't have a reply yet. JDM//

Jerry:

Just a note with regard to the legislation passed in ND. In fact, there is a limit on the amount of wine which will be able to be shipped into the state. It is 2.38 gallons (9 liters) per month. Under ND law wine falls under the "liquor" definition, as follows:

"Alcoholic beverages" means any liquid suitable for drinking by human beings, which contains one-half of one percent or more of alcohol by volume.

"Beer" means any malt beverage containing one-half of one percent or more of alcohol by volume.

"Distilled spirits" mens any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.

"Liquor" means any alcoholic beverage except beer.

The applicable section of the new law reads:

"This section (the foregoing penalty portion) does not apply to a transaction in which an individual twenty-one years of age or older who imports or transports into this state 2.38 gallons [9 liters] or less of liquor or two hundred eighty-eight fluid ounces [8517.18 milliliters] or less of beer per month for personal use and not for resale from a person licensed as described under subsection 1 or 2. Every package of alcoholic beverages shipped directly to an individual in this state must be labeled with conspicuous words "SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY". A shipper shall obtain the signature of an indicudal twenty-one years of age or older before delivering any alcoholic beverages shipped directly to an individual in this state.

FYI -- it was through the great work of Jeremy & staff at FTG (editorial support and consumer letters to legislators) and WI's lobbying team of Chuck McGrigg and Bob Hanson that this bill was amended from its original form. Let's be sure to give the guys in the field credit when credit is due! Good things don't just happen on their own. They did a tremendous job in turning the momentum of a very onerous bill towards one that unltimately shows promise for our side.

Steve Gross