Shipping Homebrew - The Hard Truth (as I understand it)

[bgm1961]

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!

 

[Yooper]

You are correct. It is against federal law to ship alcohol USPS. It is, however, not against the law with other carriers.

It may be against policy with UPS or FedEx, and of course state law will be applicable.

Many people ship beer to competitions and such; no reason to state any thing when shipping unless asked.

I have my own UPS account, and I ship all sorts of things to people all over the US. I simply print out my label and drop off with a UPS driver, and they have never asked what is in the package. I send all of my Christmas gifts to family and friends, and they never have asked. If asked, I would definitely tell the truth, but that has never happened to me.

 

[LandoLincoln]

This is very true. Please don't ship any beer to contests. So I have a greater chance at winning.

 

[Phunhog]

Why would/should we try to get around them?? I can see the reason behind the USPS policy. Alcohol can be a hazardous material (flammable) if it is high enough proof which of course is a safety hazard. So the easiest solution is to ban the shipping of all alcohol. In regards to shipping homebrew.....I don't think the USPS really cares. But lets assume the worst. A bottle of your homebrew that is being shipped to a competition breaks open in back of the post office. I doubt anything would happen...other than them cleaning up a mess. Not really worth the time or money prosecuting someone.

 

[jekeane]

Your only legal response is to not do it and to contact your local representative who's campaign likely is funded by inbev so good luck.

I have never been asked by UPS what is in my box and have never felt the need to tell them. My assumption is UPS doesn't want to know what is in your box and they want to secure as much business from the disaster that is know as the USPS.

 

[Braufessor]

I am more into "don't ask, don't tell".......... and, as far as I can tell - so is my UPS shipper

 

[Qhrumphf]

Why would/should we try to get around them?? I can see the reason behind the USPS policy. Alcohol can be a hazardous material (flammable) if it is high enough proof which of course is a safety hazard. So the easiest solution is to ban the shipping of all alcohol. In regards to shipping homebrew.....I don't think the USPS really cares. But lets assume the worst. A bottle of your homebrew that is being shipped to a competition breaks open in back of the post office. I doubt anything would happen...other than them cleaning up a mess. Not really worth the time or money prosecuting someone.

Considering that under US code, the penalty for getting caught could be as much as a year in prison, 20 years if someone (somehow) gets injured by it (cut by a broken bottle or something), or potentially even a capital offense if someone were to (somehow) get killed by your homebrew (I don't know, said broken bottle somehow severs an artery).....

...even if the likelihood of being prosecuted is small if you get caught, not worth the risk.

UPS or FedEx, worst case scenario, your shipment is refused and returned and you're denied a refund for the shipping costs.

I've had a few folks overseas want to trade beers with me, and I won't do it, just because the shipping costs combined with the risk going through private carrier isn't worth it to me. Spending $10 or whatever to ship a few bottles domestically I'm fine sending a few "yeast samples". I've never once had an issue with UPS though.

 

[elkshadow]

I just tell them it's gifts of homemade hot sauce if they ask.

 

[bgm1961]

Why would/should we try to get around them?? I can see the reason behind the USPS policy. Alcohol can be a hazardous material (flammable) if it is high enough proof which of course is a safety hazard.

The other reason (and perhaps a big reason the House Bill has stalled), is to prevent shipping alcohol to minors.

When a state's law allows, both UPS and FedEx require a person over the age of 21 to sign for the package. (But of course this only applies if you tell them what's in the package)! Judging by most of the replies thus far, what UPS and FedEx don't know....

 

[Phunhog]

Considering that under US code, the penalty for getting caught could be as much as a year in prison, 20 years if someone (somehow) gets injured by it (cut by a broken bottle or something), or potentially even a capital offense if someone were to (somehow) get killed by your homebrew (I don't know, said broken bottle somehow severs an artery).....

...even if the likelihood of being prosecuted is small if you get caught, not worth the risk.

UPS or FedEx, worst case scenario, your shipment is refused and returned and you're denied a refund for the shipping costs.

I've had a few folks overseas want to trade beers with me, and I won't do it, just because the shipping costs combined with the risk going through private carrier isn't worth it to me. Spending $10 or whatever to ship a few bottles domestically I'm fine sending a few "yeast samples". I've never once had an issue with UPS though.

Now I don't send beer via the USPS but I am sure that a lot of people do. The cost to prosecute a case for someone sending a few bottles of homebrew would far, far outweigh any benefit. Think of this.....how would the USPS even know it was alcoholic beer unless it was tested in a certified lab?

 

[Heavywalker]

First neither USPS nor UPS, nor FedEx can ask you what you are shipping. You must declare if the item is hazardous or not, nothing else needs to be disclosed. If they ask it is literally none of their business. UPS and FedEx stores are different and do not allow many things shipped that otherwise would be fine.

At the end of the day, if you pack your shipment well, pay your fees, and keep you mouth shut and avoid USPS you will be fine. There really is not a big challenge to it.

 

[bgm1961]

First neither USPS nor UPS, nor FedEx can ask you what you are shipping.

Huh??? Putting aside for a second everyone's agreement that its against the law to ship via the USPS, can you clarify your statement? EVERYTIME I mail a package via USPS at the counter, I'm asked if it contains, "Liquids, perfume, batteries, hazardous blah blah blah". Everytime. And if paying/printing a label from home, everyone has to agree to a disclosure statement that they're not mailing...

And the last two times I shipped via FedEx, I was asked if there were any liquids or hazardous materials in the package.

 

[Heavywalker]

Exactly as I stated they cannot ask what specifically is in your package only if it falls under the hazardous shipping materials guidelines. You only need to provide a yes or no answer, anything beyond that is none of their business.

 

[grittanomyces]

I was denied because they asked and I didn't know it was against policy. I asked the guy if I told him it was cider, if he could let it slide, but no..

So I walked in the next day, prepared with what to say, and it happened to be the same guy. He did t even ask so he could avoid the situation, because he knew I was not going to let it go easily..

 

[CastleHollow]

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).

I don't know anything about Brewforia or why they don't ship to VA, but it is not illegal to ship alcohol to Virginia. I've received wine shipments from retailers via FedEx, and beer shipments via UPS. Great big stickers even tell everyone that alcohol is in the package.

 

[Teromous]

I don't know anything about Brewforia or why they don't ship to VA, but it is not illegal to ship alcohol to Virginia. I've received wine shipments from retailers via FedEx, and beer shipments via UPS. Great big stickers even tell everyone that alcohol is in the package.

Yep, I live in VA and I've ordered beer from online retailers that were out of state without any problems.

 

[Yooper]

I don't know anything about Brewforia or why they don't ship to VA, but it is not illegal to ship alcohol to Virginia. I've received wine shipments from retailers via FedEx, and beer shipments via UPS. Great big stickers even tell everyone that alcohol is in the package.

Michigan either. I've bought beer and wine from lower Michigan, and from NY state, and all shipments arrived just fine.

The only issue I had in one case, when I ordered via phone, was they wanted me to text a picture ID to them. When I order from the wine place in the Finger Lakes region (great cab franc and dry riesling, by the way!), I just order online and it arrives at my door. I don't even recall signing for it.

Perhaps it's Brewforia's policy? Because it's not illegal.

 

[ArrrDubya]

If you're brewing a spicy beer, hot sauce would work.

Otherwise, just say you're shipping cold barley soup.

 

[TNTgill]

Not illegal to ship beer to Pennsylvania either. I had the beer of the month club and it clearly states on the label that it's alcohol. Had to show the driver my id.

 

[Weezy]

I only ship zymological samples in a natural storage medium.

 

[kombat]

the penalty for getting caught could be potentially even a capital offense if someone were to (somehow) get killed by your homebrew (I don't know, said broken bottle somehow severs an artery).....

In which state(s) is "Criminal negligence causing death" a capital offence?

You understand that there is a well-defined list of offences with clear criteria that fall under the list of "capital offenses," right? It's not just whenever someone gets killed, the death penalty is an option for the judge/jury.

Let's keep the hyperbole out of the thread, it's not helpful.

 

[Teromous]

Perhaps it's Brewforia's policy? Because it's not illegal.

I was thinking that it could just be a shipping distance policy. I ordered some beer from CA and I had a bottle leak. They told me that they use ground shipping and it travels by truck through the Rockies, and that it was likely that the changes in temperature caused the cap to lose its seal. They sent me a replacement bottle, but shortly after I noticed on their website that they had changed their refund policy...

 

[mmb]

The Michigan state law is only licensed producers can ship and there has to be a signature to prove the package wasn't taken by minors or some other "protect the children" argument.

I never ship beer. Only "yeast samples for evaluation."

 

[j1n]

FWIW i live in VA and have received wine and spirits in the mail via fedex and UPS before. Never ordered beer online though.

 

[jbaysurfer]

A retailers website???? If the nanny's don't ask, I don't tell. Yeast samples.

 

[Qhrumphf]

In which state(s) is "Criminal negligence causing death" a capital offence?

You understand that there is a well-defined list of offences with clear criteria that fall under the list of "capital offenses," right? It's not just whenever someone gets killed, the death penalty is an option for the judge/jury.

Let's keep the hyperbole out of the thread, it's not helpful.

Not hyperbole, and not a state matter either, but federal. Look up the code referenced in the OP's post. It's clearly spelled out in US code. The shipping of something considered non-mailable (while this is obviously more geared at explosives and firearms and the like, but does apply to alcohol) that results in someone's death is potentially punishable up to and including death or lifetime imprisonment.

I'm not saying that it's anything near likely to happen, just saying that that's what the law says. And not worth the risk.


(j)(1) Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, unless in accordance with the rules and regulations authorized to be prescribed by the Postal Service, shall be fined under this title or imprisoned not more than one year, or both.

(2) Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, whether or not transmitted in accordance with the rules and regulations authorized to be prescribed by the Postal Service, with intent to kill or injure another, or injure the mails or other property, shall be fined under this title or imprisoned not more than twenty years, or both.

(3) Whoever is convicted of any crime prohibited by this section, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.

(k) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

 

[Heavywalker]

Not hyperbole, and not a state matter either, but federal. Look up the code referenced in the OP's post. It's clearly spelled out in US code. The shipping of something considered non-mailable (while this is obviously more geared at explosives and firearms and the like, but does apply to alcohol) that results in someone's death is potentially punishable up to and including death or lifetime imprisonment.

FWIW shipping firearms though USPS, by private individuals is permitted, except for handguns. Ammunition is not allowed however.

 

[Qhrumphf]

FWIW shipping firearms though USPS, buy private individuals is permitted, except for handguns. Ammunition is not allowed however.

Perhaps I should have specified "loaded firearms". But my point remains valid.

 

[LibertyBrewer]

FWIW shipping firearms though USPS, by private individuals is permitted, except for handguns. Ammunition is not allowed however.

Oh yes, ammo is shipped all the time. The only requirement is a placard on outside of the box marked ORM D. Now such items as smokeless powder, and primers require more, including a hazardous materials fee.

 

[Heavywalker]

Ammo is not allowed through USPS. Only UPS, Fedex, or other common carriers are legal to ship ammunition through. ORM-D was the standard labeling, but is no longer a valid label when shipping ammo, or any other hazardous material previously requiring the ORM-D label, through a common carrier, as of January 1st 2014, they changed the designation to a black diamond with an open center to mark ground shipments, and a black diamond with a Y in the open center for air shipments, previously designated ORM-D. This was a law that was passed in January of 2011 and phased in. ORM-D is no longer valid.

http://bulletin.accurateshooter.com/tag/orm-d/

https://www.usps.com/ship/can-you-ship-it.htm?showtab=2

341.21 Nonmailable Explosives

Nonmailable explosives found in the mailstream must be immediately reported in accordance with POM 139.117.

Nonmailable explosives include, but are not limited to, the following:

Common Fireworks. Fireworks are classified as Division 1.1, 1.2, 1.3, or 1.4 explosives depending on the degree of hazard. Fireworks include roman candles, skyrockets, helicopter–type rockets, cylindrical and cone fountains, pyrotechnic wheels, illuminating torches, firecrackers, salutes, and combinations of items that are designed to produce any of the aforementioned types of effects. All types of fireworks are prohibited from mailing.
Fuses. Fuses are classified as Division 1.3 or 1.4 explosives depending on the degree of hazard. All types of fuses (except safety fuses as permitted under 341.22) are prohibited from mailing.
Small Arms Ammunition. Ammunition is classified as a Division 1.1, 1.2, 1.3, or 1.4 explosive, depending on the degree of hazard. Ammunition that is regulated as a Class 1 explosive and designed to be fired from a pistol, revolver, rifle, or shotgun, as well as associated primers and blank cartridges (including those designed for tools) and propellant powder for use in any firearm, is prohibited from mailing.

Primers, powder,ect... may not be shipped though USPS either, again they may only be shipped though a common carrier, and only when the shipment is made by a person/company licensed and trained, and certified in shipping hazardous materials, individuals unless they have their license are always excluded from shipping these items even though common carriers. This restriction also applies to ammunition though common carriers that require air shipment.

Sorry for the thread hijack