Author Topic: Senate approves bill to allow USPS to ship alcohol  (Read 1898 times)

Offline mabrungard

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Senate approves bill to allow USPS to ship alcohol
« on: May 26, 2012, 06:34:27 AM »
Its not quite good news for homebrewers, but its a move in the right direction. 

http://www.govtrack.us/congress/bills/112/s1789

You'll need to scroll down to Section 404 to see the provision that allows 'licensed winery or brewery' to mail alcohol. 
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Offline euge

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #1 on: May 26, 2012, 08:55:57 AM »
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.

I found the first section very interesting and informative as well. Thanks Martin.
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Offline denny

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #2 on: May 26, 2012, 09:04:57 AM »
AFAIK, we have a state law prohibiting the mailing of beer, so nothing changes here.
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Offline a10t2

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #3 on: May 26, 2012, 10:52:23 AM »
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?
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Offline denny

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #4 on: May 26, 2012, 10:56:01 AM »
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".
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Offline a10t2

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #5 on: May 26, 2012, 12:51:57 PM »
Well that's what I get for not doing my homework. Thanks!
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Offline aa7yy

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #6 on: May 26, 2012, 01:25:29 PM »
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.

Offline jklinck

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #7 on: May 28, 2012, 03:55:41 PM »
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?

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.
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Online mtnrockhopper

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #8 on: May 29, 2012, 06:17:32 AM »
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?

Local laws are almost always allowed to be more restrictive, but not less restrictive. Hence dry towns and counties.
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Offline phillamb168

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Re: Senate approves bill to allow USPS to ship alcohol
« Reply #10 on: May 29, 2012, 08:15:27 AM »
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.'
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