There is another House of Representatives bill, being submitted (HR1161) , that will affect the direct shipping of your wine regardless of whether you are in a wine club, have a wine allocation or just occasionally order wine. This act was sponsored by the wholesalers and will bring us back about two decades on wine shipping. Read more here.
According to Free the Grapes.org, this is what this bill will do if it is passed:
- Establish that State Laws Override Federal Laws: Shifts the burden of proof from state to challenger in all cases that deal with the validity of any state law regarding the regulation of matters involving alcohol beverages and makes such state laws presumably valid over any federal law that is inconsistent with its provisions.
- Render Commerce Clause Ineffective: Establishes federal law that makes the Dormant Commerce Clause not applicable to any state law that deals with alcohol beverage sale or distribution unless they are demonstrated to “facially discriminate, without justification”.
This is a disagreement between beer wholesalers and beer producers. U.S. House Resolution 1161 was introduced March 17 at the request of the National Beer Wholesalers of America with the support of the Wine & Spirits Wholesalers of America. But, because of its broad scope, HR 1161 is a direct threat to wine direct shipping by exempting anti-competitive and discriminatory state alcohol beverage laws from most federal review. It will reverse the federal decision brought about from Heald vs. Granholm which was instrumental to increasing the number of states that allow legal, regulated winery-to-consumer shipments, making it essentially difficult to buy wine directly from your favorite wineries.
Please reach out to your representatives, as well as your senators, to let them know that this is not okay. Free the Grapes.org has a template that you may use to to send an email or fax directly to your representatives.