(The Center Square) – Ensuring wine can be delivered to Delaware residences will be the focus of a new bill next year.
Rep. Mike Smith, R-Pike Creek Valley, said he intends to file a bill in January when the 152nd General Assembly convenes that would end the state’s ban on consumer choice.
Delaware is just one of three states – Utah and Mississippi are the others – with laws to prohibit direct-to-consumer wine shipping. According to the release, 98% of Americans living in other parts of the country can have their wine shipped to their home.
The proposal, according to the release, will focus on direct-to-consumer sales, which includes shipments from wineries to the homes of buyers. However, Rep. Smith said his proposal “would not legalize online retail wine sales.”
Under current Delaware law, according to the release, Delaware residents are only permitted to purchase wine through a process which funnels all alcoholic beverage sales through a tiered system of distributors, wholesalers and retailers. The system was created after Prohibition ended.
The National Association of American Wineries, according to the release, reports more than 10,000 wineries operate in the country, but most are low-volume operations. Due to that, many wineries don’t have relationships with distributors, which would make it impossible to have their products sold in Delaware.
According to the release, Smith said distributors and retailers would have no economic incentive to work with those wineries to stock or order products. A survey from One Wine Institute said the country’s top 50 wineries produce 90% of its wine.
Rep. Jeff Spiegelman, R-Clayton, according to the release, is expected to co-sponsor the bill. He said that while state residents can already acquire sensitive materials, including prescription drugs, through the mail the state is lagging in direct wine shipping.
He said by not allowing direct wine shipments the state loses out on potential tax revenue for the state.
Over the past decade, several attempts have been made to permit direct home shipments of wine. A 2021 effort died without consideration of the entire chamber.
Under current law, Delaware wineries are prevented from shipping wine to in-state residents but can ship wine to other states across the country.
