Alcohol shipping laws in New Mexico

"60-6A-11.1. DIRECT WINE SHIPMENT PERMIT--
AUTHORIZATION--RESTRICTIONS.--
A. A licensee with a winegrower's license or a
person licensed in a state other than New Mexico that holds a
winery license may apply to the director for and the director
may issue to the applicant a direct wine shipment permit.
...
C. A permittee may ship:
(1) not more than two nine-liter cases of
wine monthly to a New Mexico resident who is twenty-one years
of age or older for the recipient's personal consumption or
use, but not for resale; and
...
(2) wine directly to a New Mexico resident
only in containers that are conspicuously labeled with the
words:
"CONTAINS ALCOHOL
SIGNATURE OF PERSON 21 YEARS OR OLDER REQUIRED
FOR DELIVERY".
...
D. A permittee shall:
(1) register with the taxation and revenue
department for the payment of liquor excise tax and gross
receipts taxes due on the sales of wine pursuant to the
...
(3) monthly, by the twenty-fifth day of each
month following the month in which the permittee was issued a
direct wine shipment permit, pay to the taxation and revenue
department the liquor excise tax due and the gross receipts
tax due; and

A. Except as provided in Subsections E and F of
this section, it is a violation of the Liquor Control Act for
a registered common carrier to knowingly deliver a shipment
of alcoholic beverages from another state to a person in this
state without receiving at the time of delivery a permit
issued by the department covering the quantity and class of
alcoholic beverages to be delivered and requiring the
shipment be transported from the shipper designated in the
permit to the designated consignee and from the designated
point of origin to the destination designated in the permit.
B. Except as provided in Subsections D through F
of this section, it is a violation of the Liquor Control Act
for a person other than a registered common carrier to
knowingly transport from another state and deliver in this
state alcoholic beverages, unless the person has in the
person's possession on entering New Mexico a permit from the
department for the quantity and class of alcoholic beverages
to be delivered, designating the name of the shipper and
consignee and the point of origin and destination of the
alcoholic beverages.

E. An individual or licensee, except for a person
holding a winery license, in a state that affords New Mexico
licensees or individuals an equal reciprocal shipping
privilege may ship for personal use and not for resale not
more than two cases of wine, each case containing no more
than nine liters, per month to an individual not a minor in
this state. Delivery of a shipment pursuant to this
subsection shall not be deemed to constitute a sale in this
state and nothing in the Liquor Control Act limits or applies
to such shipments. The shipping container of wine sent into
or out of this state under this subsection shall be labeled
clearly to indicate that the package cannot be delivered to a
minor or to an intoxicated person.

F. The holder of a direct wine shipment permit
issued pursuant to Section 60-6A-11.1 NMSA 1978 may ship no
more than two nine-liter cases of wine per month to a person
living in New Mexico who is twenty-one years of age or older
SB 445
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
for the person's personal consumption and not for resale.

§1716. Injurious articles as nonmailable
...
(f) All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails.
...
(June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66 Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Pub. L. 85–268, Sept. 2, 1957, 71 Stat. 594; Pub. L. 85–623, §5, Aug. 12, 1958, 72 Stat. 562; Pub. L. 91–375, §6(j)(25), Aug. 12, 1970, 84 Stat. 779; Pub. L. 92–191, §1, Dec. 15, 1971, 85 Stat. 647; Pub. L. 99–570, title X, §10003, Oct. 27, 1986, 100 Stat. 3207–167; Pub. L. 103–322, title VI, §60003(a)(7), title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–294, title VI, §607(g), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, §4002(b)(2), (6), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 109–435, title X, §1008(d), Dec. 20, 2006, 120 Stat. 3261.)

Only FedEx-approved, licensed alcohol shippers that have entered into a FedEx Alcohol Shipping Agreement may ship alcohol via FedEx services. Consumers may not ship alcohol of any type via FedEx services.
For all alcohol shipments, you’ll need to sign a FedEx Alcohol Shipping agreement. Contact your FedEx account executive for details and assistance and if you don't have an assigned account executive, call FedEx Customer Services at 1.800.463.3339.
Adult signature service option. State law, as well as FedEx policy, requires an adult signature at the time of delivery for every U.S. package containing alcohol. It is your responsibility to ensure the adult signature requirement service option is selected so that FedEx requests and obtains the required adult signature. A $5.75 fee per shipment applies for this service.

FedEx currently only permits wine shipments under licensee-to-consumer agreements; beer and spirits require licensee-to- licensee.
Licensee-to-consumer
FedEx only transports wine licensee-to-consumer.

UPS only accepts packages containing wine from shippers who are licensed under applicable law and who have signed and entered into a contract with UPS for the transportation of wine.
All wine shippers must enter into a UPS Agreement for Approved Wine Shippers.
All alcohol shippers must schedule a consultation call or speak to their Account Manager to review UPS alcohol shipping policies, submit copies of your state licenses, and complete a shipping agreement.
The ability to ship wine depends upon the nature of the shipper's license to sell wine, and the laws of the destination states. UPS permits the following types of wine shipments:
Shipments of wine from licensed shippers may be shipped to licensed consignees, where permitted by applicable law. For example, a licensed manufacturer may ship to a licensed distributor, or a licensed distributor may ship to a licensed retailer, so long as the shipments are made in accordance with applicable law. "Licensed to Licensed" shipments cannot be made to consumers.
All wine shipments must be made using the UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Some states also allow shipments of wine from out-of-state licensed wine retailers to consumers. These states are known as "Retailer Direct Shipment States." Shipments of wine from licensed out-of-state retailers may be made to consignees in "Retailer Direct Shipment States" subject to all of the conditions applicable to Winery Direct Shipment States, except that the purchase is made from a licensed out-of-state retailer rather than a winery. Refer to Addendum A for approved Retailer Direct Shipment States.
All shippers who wish to ship wine must enter into either the UPS Agreement for Approved Wine Shippers, or the UPS Wine Industry Fulfillment House Agreement For Approved Wine Shippers. UPS DOES NOT ACCEPT SHIPMENTS OF WINE FROM SHIPPERS WHO HAVE NOT ENTERED INTO ONE OF THESE AGREEMENTS.