September 1st, 2010
HB 1352, a bill that includes changes to volume limits, permit fees, reporting requirements, and common carrier requirements, was signed by Governor John Lynch on July 15, 2010. Direct shipping is already available for wineries and retailers in New Hampshire, but the changes that will take effect on January 1, 2011 will have an impact on wineries, retailers and also on common carriers.
Consumer volume limits for wine will increase from the current 60 individual “containers” (none of which can exceed 1 Liter in size) per household per year, to 12 nine-Liter cases per consumer per year. Additionally, the Commission may provide allowances for more wine to be shipped to an individual consumer if the product is not otherwise available within the state. Direct shipping permits, previously free for both wineries and retailers, will now cost $100 for wineries and $500 for retailers, annually. Monthly “markup” (8 percent of the retail price for shipments of liquor, wine, beer, or beverage) tax reports will need only be filed if there are shipments to report, whereas previously, monthly reports were due even if shipments were not made.
If a permittee ships more than 600 Liters (previously set to 1,200 individual containers) of any particular liquor or wine, the permittee must offer to sell a matching amount to the state at the lowest price delivered into New Hampshire, if they want to ship more than the 600 Liter limit.
Effective January 1, 2011, common carriers (FedEX, UPS, etc.) will be required to cease shipments from wine shippers that do not hold valid shipping permits in the state of New Hampshire. An “unauthorized shipper” list will be provided by the Commission to the carriers on a monthly basis. This is a unique requirement for the common carriers to be responsible for maintaining a “do not ship from” list, blocking shipments into New Hampshire from unauthorized shippers.