CHARLOTTE—As of Wednesday, North Carolina residents of legal drinking age can order wine from out-of-state wineries and have it shipped directly to their homes. The new law marks a major change in N.C. alcohol control policy, which had required wines produced out-of-state to be distributed only through the traditional wholesale-retailer distribution methods.
The legislation came in response to a federal appeals court ruling, declaring portions of the state’s existing regulations to be unconstitutional.
Under the new law, any federally licensed winery in or out of the state can apply for a wine shipper permit. The permit costs $100. The winery can then take orders and sell up to two cases per month per person. The wine may not be resold. A case of wine is typically 12 0.75 liter bottles.
The wine must be shipped by common carrier and must carry labeling in at least 26-point type that states, “Contains alcoholic beverages; signature of person aged 21 years or older required for delivery.” Carriers are required to obtain a signature and verify age.
Wineries must also collect and remit to the state all applicable sales and excise taxes and file monthly reports with the state.
The law also requires a winery to have a wholesaler distribute its products in the state if sales exceed 1,000 cases per year. Purchases made at the actual winery and shipped home do not count against the limit.
The new law is a result of a court challenge to the state’ s previous wine-shipping laws. The U.S. Constitution gives the states the authority to regulate alcohol sales, but it also prohibits them from restricting interstate trade. Earlier this year, the U.S. 4th Circuit Court of Appeals found that North Carolina’s existing law, which allowed wine shipments directly to consumers by in-state wineries but prohibited them by out-of-state wineries, was unconstitutional. The state was required to treat in-state and out-of-state wineries the same way, and thus the court held that all shipments to consumers in North Carolina should be prohibited.
The new law is expected to be a boon for N.C. wine drinkers, who now can order the products of smaller wineries that would not otherwise be accessible in the state.