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Alcohol shipping laws in New York

We track 5 New York rules on shipping wine, beer and spirits to consumers; 2 are bans.

Check a specific item for New York

New York

Permit neededOut-of-state wineries may ship wine to New York residents only with an Out-of-State Direct Shipper's License from the NY State Liquor Authority (max 36 cases per resident per year).
Exact text
§ 79-c. Direct interstate wine shipments. 1. Authorization.
Notwithstanding any provision of law, rule or regulation to the
contrary, any holder of a license to manufacture wine in any other state
who obtains an out-of-state direct shipper's license, as provided in
this section, may ship no more than thirty-six cases (no more than nine
liters each case) of wine produced by such license holder per year
directly to a resident of New York who is at least twenty-one years of
age, for such resident's personal use and not for resale, provided the
state in which such person is so licensed affords lawful means for
shipments of wine to be received by a resident thereof who is at least
twenty-one years of age, for such resident's personal use and not for
resale, from a person licensed in this state as a manufacturer and,
provided further, that the state in which such out-of-state winery is
located affords to New York state winery and farm winery licensees
reciprocal shipping privileges, meaning shipping privileges that are
substantially similar to the requirements in this section.
...
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the authority under procedures prescribed by rules and regulations of
the authority and after providing the authority with a true copy of its
current license to manufacture wine in the applicant's state of domicile
along with a copy of the applicant's federal basic permit after payment
of an annual fee of one hundred twenty-five dollars.
...
(c) shall ensure that the outside of each shipping container used to
ship wine directly to a New York resident is conspicuously labeled with
the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR
OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language
specifically approved by the New York state liquor authority;
...
(g) shall file returns with and pay to the New York state department
of taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
...
(k) shall prior to obtaining an out-of-state direct shipper's license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
Permit neededOut-of-state craft-size distilleries may ship their own spirits to New York residents only with an Out-of-State Direct Shipper's License from the NY State Liquor Authority (max 36 cases per resident per year).
Exact text
§ 68. Direct interstate liquor shipments. 1. Authorization.
Notwithstanding any provision of law, rule or regulation to the
contrary, any holder of a license to manufacture liquor in any other
state that is equivalent in class and/or production capacity per year to
those licenses authorized to make direct intrastate liquor shipments
under section sixty-nine of this article, who obtains an out-of-state
direct shipper's license, as provided in this section, may ship no more
than thirty-six cases (no more than nine liters each case) of liquor
produced by such license holder per year directly to a resident of New
York who is at least twenty-one years of age, for such resident's
personal use and not for resale, provided the state in which such person
is so licensed affords lawful means for shipments of liquor to be
received by a resident thereof who is at least twenty-one years of age,
for such resident's personal use and not for resale, from a person
licensed in this state as a manufacturer and, provided further, that the
state in which such out-of-state distillery is located affords to New
York state licensed manufacturers with the privilege of producing liquor
reciprocal shipping privileges, meaning shipping privileges that are
substantially similar to the requirements in this section.
...
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the authority under procedures prescribed by rules and regulations of
the authority and after providing the authority with a true copy of its
current license to manufacture liquor in the applicant's state of
domicile along with a copy of the applicant's federal basic permit after
payment of an annual fee of one hundred twenty-five dollars.
...
(c) shall ensure that the outside of each shipping container used to
ship liquor directly to a New York resident is conspicuously labeled
with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE
21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other
language specifically approved by the New York state liquor authority;
BannedDo not ship wine, beer or spirits from an out-of-state retailer to New York consumers.
Exact text
§ 102. General prohibitions and restrictions. 1. (a) Except as
provided in section seventy-nine-c of this chapter, no alcoholic
beverages shall be shipped into the state unless the same shall be
consigned to a person duly licensed hereunder to traffic in alcoholic
beverages. This prohibition shall apply to all shipments of alcoholic
beverages into New York state and includes importation or distribution
for commercial purposes, for personal use, or otherwise, and
irrespective of whether such alcoholic beverages were purchased within
or without the state,
BannedDo not ship beer directly to New York consumers, even as the brewery.
Exact text
§ 102. General prohibitions and restrictions. 1. (a) Except as
provided in section seventy-nine-c of this chapter, no alcoholic
beverages shall be shipped into the state unless the same shall be
consigned to a person duly licensed hereunder to traffic in alcoholic
beverages.
...
(b) Except as provided in section seventy-nine-c of this chapter, no
common carrier or other person shall bring or carry into the state any
alcoholic beverages, unless the same shall be consigned to a person duly
licensed hereunder to traffic in alcoholic beverages,
21+Alcohol may be sold and delivered only to persons 21 or older.
Exact text
§ 65. Prohibited sales. No person shall sell, deliver or give away or
cause or permit or procure to be sold, delivered or given away any
alcoholic beverages to
1. Any person, actually or apparently, under the age of twenty-one
years;

Federal

Applies nationwide.

BannedNever ship wine, beer or spirits by USPS: all alcoholic beverages are nonmailable under federal law.
Exact text
§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.)
Permit neededFedEx carries wine to consumers only for licensed shippers approved under a signed FedEx Alcohol Shipping Agreement, with adult signature.
Exact text
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.
BannedDo not ship beer or spirits to consumers by FedEx: FedEx carries only wine direct to consumers.
Exact text
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.
Permit neededUPS carries wine, beer and spirits only for licensed shippers that have signed the UPS Agreement for Approved Wine/Beer/Spirits Shippers, with adult signature.
Exact text
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.