Its not quite good news for homebrewers, but its a move in the right direction.
You’ll need to scroll down to Section 404 to see the provision that allows ‘licensed winery or brewery’ to mail alcohol.
A move in the right direction!
[quote]Section 404 -
Authorizes the mailing of wine and beer by a licensed winery or brewery in accordance with the laws of the state, territory, or district where the addressee or authorized agent takes delivery. Requires USPS to issue regulations requiring: (1) the delivery of wine and beer directly to the addressee or agent; (2) the addressee to be at least 21 years of age; and (3) the individual who takes delivery to present a valid, government-issued photo identification.
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I found the first section very interesting and informative as well. Thanks Martin.
AFAIK, we have a state law prohibiting the mailing of beer, so nothing changes here.
Not having read the full text of either this bill or the OR law, why wouldn’t the federal law trump state law?
Although Federal law usually takes precedence, this one reads “Authorizes the mailing of wine and beer by a licensed winery or brewery in accordance with the laws of the state, territory, or district where the addressee or authorized agent takes delivery”.
Well that’s what I get for not doing my homework. Thanks!
Yea, each state has different liquor laws. Import from Mexico to Cal is different from Mexico to AZ or Texas. Each border guard needs to know the state law.
Federal law doesn’t trump state law in this case because the Federal bill (it’s not law yet) is allowing the shipment but the it doesn’t state that individual states cannot outlaw it.
Local laws are almost always allowed to be more restrictive, but not less restrictive. Hence dry towns and counties.
This bill effectively gives a Federal service - the post office - the ability to provide a service as long as each state is OK with it. Like NFL on cable, you can’t watch blackout games, you can’t ship beer if the receiving (or shipping) state doesn’t allow it, but you would have the possibility to do it elsewhere on the ‘network.’