Shipping Alcohol: Legal Or Not?

Shipping alcohol in the United States is a complex process due to the varying laws and regulations in different states. While the 21st Amendment repealed Prohibition, it gave state governments the authority to set their own laws regarding alcohol, resulting in a patchwork of regulations. Shipping alcohol across state lines is further complicated by carrier requirements and federal laws. In the context of mailing alcohol from New Jersey to Virginia, it is essential to understand the regulations in both states and ensure compliance with carrier and federal guidelines.

New Jersey's alcohol shipping laws

Shipping alcohol in the United States is a complex process due to the various laws and regulations that exist at the state, municipal, and county levels. Following the end of Prohibition, the 21st Amendment gave state governments the authority to establish their own alcohol-related laws, resulting in differing rules for sending beer, spirits, and wine across states.

In the case of New Jersey, the state has implemented specific regulations regarding the shipment of alcoholic beverages. Firstly, New Jersey effectively prohibits the shipment of beer and spirits to customers by mandating a liquor license for alcohol transportation, but not offering any class of liquor license that authorizes shipping beer or spirits. This essentially blocks the direct shipment of beer and spirits to consumers. However, services like United Parcel Service (UPS) and Federal Express will deliver wine to individuals' residences, but they will only transport beer or liquor to a licensed business.

Additionally, New Jersey imposes taxes on the importation of alcoholic beverages. The NJ Alcoholic Beverage Tax is applicable when importing alcohol into the state, and if you are a New Jersey resident, the NJ Use Tax is also applied, with a rate of 6.625% as of January 1, 2018. This rate is calculated based on the cost of the alcoholic beverages plus the cost of shipping.

It is worth noting that New Jersey's laws regarding alcohol shipment have undergone changes over time. For instance, until 2004, in-state wineries were permitted to ship directly to New Jersey customers, but this practice was later prohibited. In 2012, New Jersey Governor Chris Christie signed a law that once again legalized direct shipping from wineries to consumers and allowed New Jersey wineries to establish offsite retail sales outlets.

When shipping alcohol from New Jersey to another state, it is crucial to consider the laws of both the shipping state and the receiving state. For example, while it may be legal to mail wine from New Jersey, the receiving state may have restrictions on receiving wine shipments from other states. Therefore, it is important to research the specific regulations of both states before attempting to ship alcohol across state lines.

Virginia's alcohol import laws

The laws and regulations on shipping alcohol vary from state to state in the US. The 21st Amendment, which ended Prohibition, gave state governments the power to regulate and set their own individual laws regarding alcohol. Therefore, it is important to consider the laws of both the shipping state and the receiving state when mailing alcohol.

Virginia is one of the largest control markets in the US. The Virginia Alcoholic Beverage Control Authority (Virginia ABC) maintains exclusive control over the state's spirits retail and wholesale operations, managing a network of over 400 retail outlets. Virginia ABC also serves as both wholesaler and retailer for spirits.

To enter Virginia's beverage alcohol market, suppliers must pursue either a special order process or a full listing through the Virginia ABC. Each pathway has its own distinct requirements and procedures in accordance with state law. Before selling alcoholic beverages in Virginia, suppliers must register labels through ABC's Management of Inventory Product Sales (MIPS) online system.

Virginia law states that no alcoholic beverages, other than wine or beer, shall be imported, shipped, transported, or brought into the Commonwealth, other than to distillery licensees or winery licensees, unless consigned to the Board. However, the Board may permit such alcoholic beverages ordered by it from outside the Commonwealth for persons for industrial purposes, the manufacture of articles allowed, or hospitals. On such orders or shipments of alcohol, the Board shall charge only a reasonable permit fee.

An import personal alcohol interstate permit authorizes the permit holder to transport alcoholic beverages greater than three gallons within, into, or through the Commonwealth of Virginia.

Courier policies

Courier Regulations

Firstly, it's important to note that couriers have their own regulations regarding alcohol shipments, regardless of state law. For example, DHL does not allow alcohol shipments from certain states, including New Jersey. FedEx and UPS only accept alcohol shipments from licensed manufacturers, sellers, distributors, or importers of alcohol. They require shippers to have the proper permits and licenses for distributing alcohol.

Notification to Courier

When using a courier service, you must inform them that the package contains alcohol. This is a universal rule that applies to all states. Carriers like UPS, FedEx, and USPS require shippers to disclose the presence of alcohol in the package.

Alcohol Shipping Fee

A special alcohol shipping fee is typically applied to these types of shipments. This surcharge is separate from the standard shipping charges and helps cover the costs associated with the specialized handling and compliance requirements for shipping alcohol.

Age Verification

An adult aged 21 or older must sign for a package containing alcohol upon delivery. This is a standard requirement across all states and couriers. Proper age verification is crucial to ensure that alcohol is not delivered to minors.

State-Specific Considerations

When shipping alcohol across state lines, it's essential to consider the laws and regulations of both the shipping state and the receiving state. Each state has unique requirements and restrictions. For instance, New Jersey allows the direct shipment of wine, mead, and cider, while Virginia permits licensed wineries, breweries, or retailers to ship up to two cases of wine or beer per month directly to consumers for personal consumption.

Compliance with Laws

It is the responsibility of the shipper to ensure compliance with all applicable laws and regulations, including state and federal laws, as well as municipal and county regulations. Shippers should refer to the alcohol beverage regulatory agencies in both New Jersey and Virginia to understand the specific rules and requirements for shipping alcohol between these two states.

State-to-state alcohol shipping laws

Shipping alcohol across state lines in the US is a complex process due to each state having its own unique laws and regulations regarding the sale and distribution of alcoholic beverages. These state-specific laws came into effect after the 21st Amendment repealed Prohibition, giving states the authority to regulate alcohol within their borders.

Some universal rules for shipping alcohol include the requirement to notify the carrier that the package contains alcohol, pay a surcharge, and have an adult signature upon delivery. However, beyond these basics, the specific rules vary widely from state to state. For example, DHL does not permit alcohol shipments from certain states, including New Jersey, while Mississippi and Utah prohibit all types of alcohol shipments with no exceptions.

Some states, like Alabama, make it illegal to send alcohol directly to consumers through the mail, while others, like Delaware, allow pre-packaged alcohol purchased on-site at breweries, distilleries, or wineries to be shipped. North Carolina has strict alcohol shipping laws, prohibiting the direct shipment of alcoholic beverages to consumers and requiring out-of-state vendors to obtain permits to ship into the state.

When shipping alcohol across state lines, it is essential to consider the laws of both the shipping state and the receiving state, as well as any relevant municipal or county regulations. It is also important to note that couriers have their own regulations regarding alcohol shipments, which must be adhered to in addition to state and local laws.

Permits and licensing

Shipping alcohol is illegal unless you have the proper permits and licensing that allow you to distribute alcohol. DHL, for example, does not allow you to ship alcohol from New Jersey. UPS and FedEx only accept alcohol shipments from those who carry a proper license to manufacture, sell, distribute, or otherwise import alcohol. UPS also requires a signed contract for the transportation of wine, beer, or spirits.

In Virginia, any winery, brewery, or retailer in or out of state who holds a Virginia ABC shipper's license may sell and ship up to two cases of wine or two cases of beer per month directly to a consumer's home for personal consumption. The consumer must be able to lawfully purchase alcoholic beverages.

In addition to state laws, city and local laws must be considered when shipping alcohol. For example, in Texas, alcohol delivery is restricted to within the same county as the business, or up to 2 miles beyond the city limits for cities near a county line.

When shipping alcohol across state borders, the laws of both the shipping state and the receiving state must be considered. For example, while it is legal to mail wine from Oregon, receiving wine shipments in Mississippi from outside the state is illegal.

It is recommended to check the state requirements for shipping alcohol and ensure that the type of alcohol can be legally shipped to that jurisdiction.

Frequently asked questions