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Florida To Allow Out-Of-State Retailer Shipments From Common Carriers

June 12, 2019

Wine retailers may now legally ship directly to consumers in the state of Florida using common carriers such as FedEx and UPS, following a ruling by the Florida Department of Alcoholic Beverages and Tobacco (DABT). The change stems from a declaratory statement DABT issued last summer in response to an inquiry from Indiana-based Kahn’s Fine Wine and Spirits. The declaratory statement clarified that a 2005 Federal District Court order allowing out-of-state wineries to ship directly to Florida consumers also applies to retailers.

The DABT says that under that order—issued in the case Bainbridge v. Turner—the state may not enforce laws prohibiting shipments from out-of-state wineries and retailers and deliveries from common carriers from out-of-state. Sixteen states now allow residents to receive wine shipments from out-of-state retailers. The Supreme Court is soon expected to render its decision in the Tennessee Wine and Spirits Retailers Association v. Zackary Blair case, which could potentially open up interstate retailer shipping nationwide.

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