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Shipping to Maryland in "temperature controlled trucks"?

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David Mc

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Shipping to Maryland in "temperature controlled trucks"?

by David Mc » Thu Feb 12, 2009 12:24 pm

I belong to a California wine club and since I live in Maryland and can't get direct shipments, I have my wine shipped to Virginia (my parents house).

During a recent conversation with my wine club, the Wine Consultant informed me that:

"Yes we are able to ship in to all 49 states except Utah due to we use License Freight Forwarders which are temperature control trucks and this does allow us to ship to Maryland".

Has anyone heard of such a thing? I did research and can't confirm this statement. I would have thought that http://www.freethegrapes.org/ and http://www.wineinstitute.org/ would have information on this but they don't

The club is reputable and has been around for over 20 years.

Any idea on whether this is true?

Thanks,

Dave
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Jon Peterson

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Re: Shipping to Maryland in "temperature controlled trucks"?

by Jon Peterson » Thu Feb 12, 2009 12:30 pm

I can't confirm this statement either and tend to think it is not the case. However, a small winery in OR did send me a case to my MD address about a year ago. A notice was pasted on the outside of the box that said that the box contained wine and that it was being shipped in complete compliance with all local and state regulations. This makes me think that there's some way around the MD wine shipping prohibition but I have yet to put my hands on something that gives me confidence.
I have wine shipped to my DC office. I'll be watching this space for any news.
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Brian Gilp

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Re: Shipping to Maryland in "temperature controlled trucks"?

by Brian Gilp » Thu Feb 12, 2009 12:43 pm

This has been something that has been done for years. I shipped seven cases back from a trip to Napa/Sonoma this way and it was clearly known to all involved that it was wine. In fact the driver who delivered the wine was instructed to stay and witness me open every case and note any damage. The concept is simple. It is not interstate commerce. The sale is completed in-state and then you are having your own property shipped to your home. One of the downsides is that you have to pay both tax and shipping this way.

Some of these freight forwarders will go so far as to pick up your orders from the winery, pack it if needed, and ship it out to you.
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Paul Winalski

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Re: Shipping to Maryland in "temperature controlled trucks"?

by Paul Winalski » Thu Feb 12, 2009 1:27 pm

This probably means that either the wine club in question has procured the necessary wholesale or retail licenses in Maryland, or that they have an arrangement with such a licensee in-state who "clears" the shipment for them (i.e., technically the wine club ships the wine to the wholesaler/retailer, who then ships it to you).

-Paul W.
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Re: Shipping to Maryland in "temperature controlled trucks"?

by Paul Winalski » Thu Feb 12, 2009 1:29 pm

One problem with "temperature controlled trucks" is that, even though the trucks may be equipped with temperature controls, that doesn't mean that they're being used. There have been cases where ignorant or unscrupulous truck drivers have ruined wine shipments by switching off the refrigeration equipment to save money.

-Paul W.
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Brian Gilp

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Re: Shipping to Maryland in "temperature controlled trucks"?

by Brian Gilp » Thu Feb 12, 2009 2:54 pm

Paul Winalski wrote:This probably means that either the wine club in question has procured the necessary wholesale or retail licenses in Maryland, or that they have an arrangement with such a licensee in-state who "clears" the shipment for them (i.e., technically the wine club ships the wine to the wholesaler/retailer, who then ships it to you).


There is not a wholesale or retail license that one can buy to allow direct shipment to a purchaser in Maryland. All direct shipment is banned. This includes in-state and out-of-state and applies to wineries, wholesale and retail. The only way that one can do this legally is as I stated below, conduct the transaction out of state, pay the taxes and have your property shipped to your house. Think of this as the same as moving your wine collection from your home out of state to your new home in Maryland. That is not illegal.
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David Creighton

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Re: Shipping to Maryland in "temperature controlled trucks"?

by David Creighton » Thu Feb 12, 2009 5:33 pm

hmmmm.... so, "this box contains fissionable material and complies with all state, national and international laws". might work!
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Mark Noah

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Re: Shipping to Maryland in "temperature controlled trucks"?

by Mark Noah » Thu Feb 12, 2009 6:55 pm

Brian Gilp posted:
"There is not a wholesale or retail license that one can buy to allow direct shipment to a purchaser in Maryland. All direct shipment is banned. This includes in-state and out-of-state and applies to wineries, wholesale and retail."

This is not totally true. Wine can be shipped directly to a business if the winery produces less than 11,200 cases. (Don't remember the exact number, but that's close) This came about when the law (It is unlawful to treat an in-state winery differently than an out-of-state winery) was passed (By the Supreme Court, maybe). Anyway, before that law, any in-state winery could ship directly to any business. Alas, the suppliers, once again won and stopped all shipments directly to businesses. However, the smaller wineries in the state couldn't afford to have a middle man. The state then decided small wineries could still ship to businesses. And with the federal law, that meant small wineries elsewhere could do the same.

It is completely illegal to ship wine directly to consumer without having a third party (distributor or wine shop) in between.

mark
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Re: Shipping to Maryland in "temperature controlled trucks"?

by Bruce K » Fri Feb 13, 2009 10:41 am

David McIntire wrote:Any idea on whether this is true?


No idea whatsoever. However, as a fellow Maryland resident, I can say that there are retailers and wineries that do ship direct and I have never had any problems receiving wine from them -- a small number, but they are out there. And they don't ship in "temperature-controlled trucks."

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