The Food and Drug Administration does not regulate labeling for wine containing over 7% of alcohol. The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) regulates labeling. However, foreign alcohol manufacturers must register with the FDA per the FDA Food Facility Registration Regulation. Regarding the FDA, when importing into the United States, commercial imports of all food and beverages (including …
Ask Cari: What Licenses/Permits are Required at the New York State and Federal Levels to Import and Wholesale Wine?
New York requires the “Federal Wholesaler’s Permit” and “Federal Importer’s Permit” in order to be a wholesaler or importer. These two distinctions are obtained via the Federal “Basic Permit,” guided under the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). There is no separate application for New York State. On the Federal level, the TTB requires the “Basic Permit”, which …
Ask Cari: What is the United States Customs and Border Patrol’s role in Wine Importation?
United States Customs and Border Patrol requires Alcohol and Tobacco Tax and Trade Bureau (“TTB”) permits and compliance with labeling and certificate of origin documentation requirements. Upon one’s first import, entry for the goods should be filed for under the Remote Location Filing (“RLF”) Prototypes and Electronic Invoice Program (“EIP”) managed by U.S. Customs. There will be codes attached to …
Ask Cari: What license is needed to sell wine in New Jersey?
To sell wine in New Jersey, one must hold a retail license. In New Jersey, retail licenses are “Class C” licenses. See N.J.S.A. 33:1-12. The types of Retail licenses are as follows: Plenary Retail Consumption license (this fee is set by the municipality and is between $250 – $2,500 per year), Plenary Retail Consumption license with “Board Package Privilege”, Seasonal …
Ask Cari: What License is Needed to Sell Wine in New York?
To sell wine in New York State, one would need a “Retail” license. The license options are: (a) Grocery or Drug Store Beer and Wine license, (b) Restaurant Wine license, (c) On Premises Liquor license, (d) Cabaret Liquor license, (e) Wholesaler or Manufacturer license-if you want to sell to other retailers, and (f) Liquor Store license. Cari and her team …
Ask Cari: What Documentation is Needed to Sell Wine to Restaurants in New York?
Put simply, a Wholesaler License (obtained via the Federal Basic Permit) is needed to sell to restaurants and other retailers. The Federal government also requires the Wholesaler Permit. Cari and her team is here to help wine entrepreneurs with the Wholesaler License the Federal Basic Permit or other required wine permits and licenses.
Ask Cari: Is a Bonded Truck Needed for Delivery of Wine in New York?
When the entry port into the United States is not the intended, final location of the goods, merchandise must travel in a bonded status from the port of arrival to the intended port of entry. This process is referred to as “traveling under Immediate Transportation procedures,” and is accomplished by the execution of United States Customer and Border Patrol Form …
Ask Cari: Can a wine store owner give samples of wine for tasting at his own store?
In New York, if you have a wine store license, you can conduct wine tasting on wine, only, on the premises. Manufacturers, importers, and wholesalers can also conduct wine tastings, if they have a permit for conducting tastings. Cari is excited about her growing practice in wine and vineyard law.
How New York State Regulates Wine Law
The wine industry is regulated by the federal government and the individual states. State wine law can vary drastically from state to state. Each state has its own unique set of laws governing winemaking. In New York, the Alcoholic Beverage Control Act (“ABC”) governs licenses and regulations within New York State (“NYS”). The New York State Liquor Authority is the …
My Wine & Vineyard Law Presentation
[slideshare id=54880203&doc=nbiwinepresentation11-8-15-151108170827-lva1-app6891] Really enjoyed presenting on wine law last month via the National Business Institute (NBI). For those of you who are looking for holiday gift ideas for yours truly, I love wine. Red wine, white wine, sparkling wine, sake. I don’t discriminate. The above presentation focuses on permits and licenses. It also discusses the governmental players, the types of wineries, …
How Wine is Regulated by the Federal Government
If someone is thinking about entering the wine industry world, one should be familiar with how the federal government regulates this industry. The wine industry, and the alcohol industry as a whole, is highly regulated by both the federal government and individual states. This is because the government sees being a part of this industry as a privilege, not a …