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Confusion about Indiana

We have had a number of people ask about the direct shipping status in Indiana. Most will say something like “Indiana is now available for direct shipping”. Well, not really. Technically, Indiana passed House Bill 1016 in March, allowing for direct shipping. However, there are severe restrictions that effectively make Indiana prohibited. Wineries can theoretically obtain a $100 permit to direct ship into Indiana if they sell less than 500,000 gallons Indiana and the Indiana consumer makes an initial onsite visit to the winery and provides the following

(A) Name, telephone number, Indiana address, or consumer’s Indiana business address.
(B) Proof of age by a state issued driver’s license or state issued identification card showing the consumer to be at least twenty-one (21) years of age.
(C) A verified statement, made under penalties for perjury, that the consumer satisfies the requirements of subdivisions (1) through (3)

and the winery does not have a wholesaler in the state of Indiana and the winery pays excise, sales, and use taxes monthly and (this is the real kicker)

Sec. 14. A consumer may not receive more than two hundred sixteen (216) liters of wine in total from one (1) or more direct wine sellers in a calendar year.

So, if an Indiana consumer receives 24 cases in a calendar year from other wineries and you ship that consumer 1 bottle, you could be in violation of this rule. We are still awaiting the final rules from the Indiana Alcohol and Tobacco Commission. Needless to say, wineries are not shipping to Indiana and lawsuits are ongoing. In fact, FedEx and UPS will not ship there anyway.

Let’s hope Indiana figures out a way to make it less restrictive, especially regarding the 24 case per individual rule across all wineries. In the meantime, Indiana consumers are out of luck.

3 Comments

  1. As an Indiana resident, you hit the nail on the head and got it exactly right.

    The “shades of gray” in this is the fact that the legislation passed was a “hail mary” at the end of session and put into place with the understanding that they would more conscientiously re-visit in the next session.

    Wineries and lobbyist for distribution were at odds and Indiana wineries were in fact almost ready to be shut down from shipping IN-STATE until a Senator essentially rescued them from being forced completely through the three-tier system.

    I can say that this confusion has opened up shipping as several retailers that I’m aware of are now shipping into Indiana and wineries are as well–under the guise of ignorance, “don’t ask, don’t tell” or indifference. And, in-state wineries are shipping in-state so long as the form mentioned is filled out.

  2. That is a lot of red tape and could be risky for wineries shipping to Indiana. However, I agree with the ‘don’t ask, don’t tell trend’ and think this plan will be further developed.

    Who is the primary courier in Indiana if FedEx and UPS do not ship there? I know alot of smaller wineries will only work with a specific carrier as they sign up for their wine distribution program for age and identity verification.

  3. can an individual in indiana ship wine to a person in ohio??

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