New York - US Wine Shipping Laws
|In a country that produces Napa Valley Chardonnays, Washington Rieslings, Long Island Cabernets and great wines from almost every other state, it can be a felony to ship one of these wines between two states. The laws are different for every single state. What are the New York laws?|
Direct shipment prohibited except to New York resident who has personally purchased alcoholic beverages while outside the U.S. for at least 48 consecutive hours and shipped to himself as consignee. (¶13274)(N.Y.C.L.§102).
New York State Consolidated Laws
AB7895 is pending, which will finally give this right to adults: "Authorizes limited direct interstate shipment of wine to persons of age provided such shipper complies with all of the provisions hereof." In April 1999, the bill was referred to the committee on Economic Development. There is no status for its emergence from here; in fact on 1/5/2000 it was "re-referred" to sit in this committee.
Note that there was similar legislation passed and vetoed by the Governor in 1995 (S. 3533A) This did not have any licensing requirements for the out-of-state wineries.
In May 2005 the Supreme Court ruled that the New York wine laws were treating in-state and out-of-state wineries differently which was illegal. As a result, Governor George Pataki in July 2005 signed a law stating there could be direct wine shipments to consumers. There is a lot of paperwork for wineries to do to participate, but at least it's possible.
A ruling in 2009 even states that while New York wine shops can ship to consumers, wine shops outside of New York cannot do the same thing. This would seem to again violate the Supreme Court ruling that there needs to be equal access within a state and without a state.
UPS does NOT accept shipments of wine within the state of New York.
This page is no longer being updated - be sure to check out the new location at New York Wine Shipping Laws
United States Wine Shipping Status