Untangling the complex world of wine direct shipping and compliance
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    Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 Introduced

    April 16th, 2010
    By Jeff Carroll - VP of Compliance, ShipCompliant

    As expected, the Congressional subcommittee hearing on Legal Issues Concerning State Alcohol Regulation has been followed by a House bill. H.R. 5034 was introduced yesterday by Representative Bill Delahunt (D-Mass.) with support from the National Beer Wholesalers Association (NBWA). The bill is also called the "CARE" (Comprehensive Alcohol Regulatory Effectiveness) Act of 2010, and Wine & Spirits Daily posted a copy of it on their site.

    It is the purpose of this Act to—

    (1) recognize that alcohol is different from other consumer products and that it should be regulated effectively by the States according to the laws

    thereof; and

    (2) reaffirm and protect the primary authority of States to regulate alcoholic beverages.

    The bill would amend both the Webb-Kenyon Act and the Wilson Act to “support State based alcohol regulation, to clarify evidentiary
    rules for alcohol matters, to ensure the collection of all alcohol taxes, and for other purposes.”

    The Wine & Spirits Wholesalers of America (WSWA) applauded the legislation, saying

    It is important that states retain their constitutional power to regulate the distribution of beverage alcohol and are able to fend off litigation, which serves to destabilize or destroy that authority. Although we may oppose direct shipping and self-distribution as a matter of policy, our goal is not to overturn existing state laws. We simply believe the proper forum for resolving legitimate differences over these issues is in the state legislatures – not the courts.

    We will have more coverage of this bill as the story develops.

    Read more:

    H.R. 5034

    Wine & Spirits Daily (subscription required)

    WSWA Press Release

    2 Responses to “Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 Introduced”

    1. It's amazing that our elected officials would even take the time to hear a challenge to not only freedom of choice, but part of the Constitution itself. I think it shows what a powerful force the Liquor Distributor lobby really can be, not to mention the type of money that they have behind them. We can all only hope that common sense prevails with the majority of our elected leaders.

    2. [...] Lawson, senior partner at Lawson & Weitzen, will debate the issues surrounding controversial HR 5034 and its potential impact for the wine [...]

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