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.
Happy 7th Birthday to Rincker Law!
Rincker Law, PLLC is 7 years old! With each anniversary of my law practice, I like to reflect on the previous year. Ruth has been my right hand girl for a few years now but Ravi Cattry joined the team a year ago. It’s been great having these two ladies a part of the firm’s growth over the years. …
Cost for Obtaining a Wine License or Permit
Anyone who intends to produce or blend wine must obtain a Federal Basic Permit from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and a permit in accordance with NY’s ABC law. The TTB Permit is referred to as the “Application for Basic Permit Under the Federal Alcohol Administration Act” and may be found here. The New York application …
Required Documentation for an Alternating Proprietor Winery
This presentation on wine and vineyard law was given to the National Business Institute (NBI) last fall. Below is an except from the presentation’s materials found here. The entire lecture from the day-long educational conference can be ordered from NBI here. Under federal law, each type of winery has its own set of documents that must be submitted to …
Required Documentation for a Custom Crush Winery
This presentation on wine and vineyard law was given to the National Business Institute (NBI) last fall. Below is an except from the presentation’s materials found here. The entire lecture from the day-long educational conference can be ordered from NBI here. Under federal law, each type of winery has its own set of documents that must be submitted to the …
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