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27 U.S.C. § 124Direct shipment of wine

submitted 24 years ago by Pub. L. 107-273 to r/title-27-INTOXICATING-LIQUORS · 244 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets people ship wine across state lines when the FAA limits airline passengers for safety. The wine must come from a winery the buyer visited in person. Several rules protect against reselling or shipping to minors. State attorneys general can sue if someone breaks these rules.

(a) Conditions for transporting certain wine. This rule only applies during times when the Federal Aviation Administration (FAA) has safety rules restricting what airline passengers can carry. During those times, people can still have wine shipped from one state to another state, or to the District of Columbia, if all five conditions below are met. First, the buyer must have bought the wine in person, while actually physically present at the winery. Second, the winery must have checked that the buyer gave proof of legal age to buy alcohol. Third, the container the wine ships in must be marked to require an adult's signature when it's delivered. Fourth, the wine must be for the buyer's own personal use, not for resale to anyone else. Fifth, the wine has to be something the buyer could have legally carried into the destination state or the District of Columbia themselves. (b) Violations. If a shipper fails to meet any of these five conditions, the attorney general of any state may bring a civil lawsuit. That lawsuit follows the same terms as the ones set out in section 122a of this title. (c) Report. The Attorney General of the United States, working with the Administrator of the Federal Aviation Administration, must prepare a report on how this section is being carried out. The first report was due no later than 2 years after November 2, 2002. After that, a new report is due every 2 years. Each report must go to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives.
the actual law source: uscode.house.gov ↗public domain
(a) Conditions for transporting certain wine

During any period in which the Federal Aviation Administration has in effect restrictions on airline passengers to ensure safety, the direct shipment of wine shall be permitted from States where wine is purchased from a winery, to another State or the District of Columbia, if—

(1)

the wine was purchased while the purchaser was physically present at the winery;

(2)

the purchaser of the wine provided the winery verification of legal age to purchase alcohol;

(3)

the shipping container in which the wine is shipped is marked to require an adult’s signature upon delivery;

(4)

the wine is for personal use only and not for resale; and

(5)

the purchaser could have carried the wine lawfully into the State or the District of Columbia to which the wine is shipped.

(b) Violations

If any person fails to meet any of the conditions under subsection (a), the attorney general of any State may bring a civil action under the same terms as those set out in section 122a of this title.

(c) Report

Not later than 2 years after November 2, 2002, and at 2-year intervals thereafter, the Attorney General of the United States, in consultation with the Administrator of the Federal Aviation Administration, shall prepare and submit to the Committee on the Judiciary of the Senate and to the Committee on the Judiciary of the House of Representatives a report on the implementation of this section.

Source credit: (Pub. L. 107–273, div. C, title I, § 11022, Nov. 2, 2002, 116 Stat. 1829.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1829

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-273 on 2002-11-02.

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