Hi all,
All of us at some time or another have a desire to ship our beer. While researching how to do it in the U.S. as a homebrewer, I've come to the conclusion it can't be done above board... unless you happen to be licensed. So, here's what I learned:
(Please correct me wherever I'm wrong! I hope I am!)
1) Every knows, or should know, that it violates US Code to ship beer through the US Postal Service (USPS). (18 USC 1716). So the post office is never an option (again, if you want to keep everything above board. There are plenty of suggestions in these and other online forums on how to proceed despite the code).
2) As the above referenced US Code only applies to the USPS, it does not apply to private carriers (i.e., UPS & FedEx). Thusly its a common conception that its perfectly OK to ship beer via either of these two shippers.
However, I think it should be a misconception, as its not so simple to ship beer via FedEx or UPS as we'd like to believe. There are two reasons:
a) Regardless of the shipper, state laws apply. While the common perception that it’s only against UPS and FedEx policy is true, this may be partly due to the fact that it’s against the law to ship alcohol in up to 22 states.
No matter who’s shipping, it’s illegal to have alcohol delivered to your residence in at least 16 states: AK, AR, DE, HI, KY, MA, MD, ME, MS, MT, OK, PA, SD, TX, UT, and WV.
And according to Brewforia’s website (an online beer retailer), they add six more states to their “no-ship-to” list: KS, MI, NH, RI, VA, and WA. This brings the list of states where its illegal(?) to receive beer to 22.
(Note that I have not personally checked any of the states’ individual websites to confirm if these laws are in effect today).
b) Getting back to UPS & FedEx policy... even when shipping to a legal state, both carriers will only accept alcohol shipments from licensed entities (i.e., NOT homebrewers). Both carriers also require contracts to ship alcohol. (again, if everything was done 'above board').
Here are links to support the above:
FedEx Source: http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html
UPS: http://compass.ups.com/AskTheExpert/?id=6442450993
http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/wine.html
Illegal States:
http://billybrew.com/the-ins-and-outs-of-shipping-beer
http://shop.brewforia.com/customer-service/#answer1
3) Also, some of you may've heard that Congress is trying to allow the USPS to ship beer. Yeah! Well, not so fast. Yes, Congress is considering a bill which would allow the USPS to ship beer. But if passed, it will only allow the USPS to compete with UPS and FedEx (so to ship beer from licensed entities to states where its legal). This would still leave homebrewers without a means to legally ship beer via the USPS. The bill (HR 1718), linked below, appears to be stalled.
https://www.govtrack.us/congress/bills/113/hr1718/text
Any thoughts? And please, lets leave suggestions on labeling your package as "Yeast Samples" or declaring something else to be in the package for other conversations. I intend this thread to be strictly about the laws and policies we face as homebrewers. Not how to get around them.
Thanks!
All of us at some time or another have a desire to ship our beer. While researching how to do it in the U.S. as a homebrewer, I've come to the conclusion it can't be done above board... unless you happen to be licensed. So, here's what I learned:
(Please correct me wherever I'm wrong! I hope I am!)
1) Every knows, or should know, that it violates US Code to ship beer through the US Postal Service (USPS). (18 USC 1716). So the post office is never an option (again, if you want to keep everything above board. There are plenty of suggestions in these and other online forums on how to proceed despite the code).
2) As the above referenced US Code only applies to the USPS, it does not apply to private carriers (i.e., UPS & FedEx). Thusly its a common conception that its perfectly OK to ship beer via either of these two shippers.
However, I think it should be a misconception, as its not so simple to ship beer via FedEx or UPS as we'd like to believe. There are two reasons:
a) Regardless of the shipper, state laws apply. While the common perception that it’s only against UPS and FedEx policy is true, this may be partly due to the fact that it’s against the law to ship alcohol in up to 22 states.
No matter who’s shipping, it’s illegal to have alcohol delivered to your residence in at least 16 states: AK, AR, DE, HI, KY, MA, MD, ME, MS, MT, OK, PA, SD, TX, UT, and WV.
And according to Brewforia’s website (an online beer retailer), they add six more states to their “no-ship-to” list: KS, MI, NH, RI, VA, and WA. This brings the list of states where its illegal(?) to receive beer to 22.
(Note that I have not personally checked any of the states’ individual websites to confirm if these laws are in effect today).
b) Getting back to UPS & FedEx policy... even when shipping to a legal state, both carriers will only accept alcohol shipments from licensed entities (i.e., NOT homebrewers). Both carriers also require contracts to ship alcohol. (again, if everything was done 'above board').
Here are links to support the above:
FedEx Source: http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html
UPS: http://compass.ups.com/AskTheExpert/?id=6442450993
http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/wine.html
Illegal States:
http://billybrew.com/the-ins-and-outs-of-shipping-beer
http://shop.brewforia.com/customer-service/#answer1
3) Also, some of you may've heard that Congress is trying to allow the USPS to ship beer. Yeah! Well, not so fast. Yes, Congress is considering a bill which would allow the USPS to ship beer. But if passed, it will only allow the USPS to compete with UPS and FedEx (so to ship beer from licensed entities to states where its legal). This would still leave homebrewers without a means to legally ship beer via the USPS. The bill (HR 1718), linked below, appears to be stalled.
https://www.govtrack.us/congress/bills/113/hr1718/text
Any thoughts? And please, lets leave suggestions on labeling your package as "Yeast Samples" or declaring something else to be in the package for other conversations. I intend this thread to be strictly about the laws and policies we face as homebrewers. Not how to get around them.
Thanks!