Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law

USPS Shipping Equity Act

by | Oct 9, 2019 | alcohol beverage law, Three Tier System, TTB

By way of update on the possibility of the United States Postal Service shipping alcohol and the USPS Shipping Equity Act, which would allow the USPS to ship alcoholic beverages directly from licensed producers and licensed retailers to consumers over the age of 21.  Shipments under the Act would still have to comply with all state and local laws regarding licensing and delivery requirements.  According to Rep. Speier, last year direct-to-consumer shipments totaled over $3 billion nationally.  Allowing USPS to participate will increase competition and access for both shippers and consumers.

After consultation, additional language is proposed, below:

NO PREEMPTION OF STATE, LOCAL, OR TRIBAL LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR SALES. Nothing in this section, the amendments made by this section, or any regulation promulgated under this section or the amendments made by this section, shall be construed to preempt, supersede, or otherwise limit or restrict any State, local, or tribal law that prohibits or regulates the delivery, shipment, or sale of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act (27 U.S.C. 211)).

LIABILITY OF THE UNITED STATES POSTAL SERVICE. The United States District Courts shall have jurisdiction to render judgment upon any claim brought by a State, local, or tribal government against the United States Postal Service of a violation of State, local, or tribal law regarding the sale, mailing, transportation, or importation of alcoholic beverages into any State, territory, or district of the United States. The United States Postal Service shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.

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