At long last, as of May 1, 2012, applications for Out-of-State Winery licenses are being accepted in New Jersey, which will permit out-of-state wineries to ship wine directly to New Jersey consumers. As discussed in earlier posts, including here, New Jersey’s law was passed early in 2012, and makes New Jersey the 39th state to allow winery direct shipping. The law permits wineries producing no more than 250,000 gallons of wine per year to ship wine directly to consumers in the state. License holders may ship no more than 12 cases of wine each year per consumer for personal use. The license also includes limited privileges for holders to sell wine directly to retailers, and for tasting room privileges within New Jersey.
No regulations were promulgated to go along with the direct shipping statute, but earlier this week, the New Jersey Division of Alcoholic Beverage Control released instructions and application forms for Out-of-State Winery licenses that provide more information about direct shipping, and which can be found here. First, the Out-of-State Winery license will be the most expensive direct shipping license in the county, with tiered pricing depending on the amount of wine produced, but costing $938 annually for wineries producing between 50,000 and 250,000 each year. Additionally, the instructions clarify that wine shipped must be manufactured by the Out-of-State Winery license holder. Other details of interest to potential applicants include: a) all applicants must register with the Secretary of state; b) a bond is required; c) all applicants must register with the Division of Taxation; and d) all brands must be registered before they can be shipped into the state. Each of these requirements comes with additional fees, so wineries should make sure the anticipated sales volumes warrant the costs of getting set-up.
Please feel free to contact one of our attorneys if you are interested in more information about direct winery shipping in New Jersey.
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