Alcohol shipping laws in North Dakota

1. A person in the business of selling alcoholic beverages may not knowingly or
intentionally ship, or cause to be shipped, any alcoholic beverage from an out -of-state
location directly to a person in this state who is not a licensed wholesaler in this state.
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5. This section does not apply to a transaction by a person holding a valid manufacturer's
or retailer's license issued by the state of its domicile and if the person obtains a direct
shipping license from and on a form prescribed by the tax commissioner before
making a shipment. The annual fee for a direct shipping license is fifty dollars.
Licensed direct shippers may sell and ship to an individual twenty -one years of age or
older 7.13 gallons [27 liters] or less of wine, two hundred eighty -eight fluid ounces
[8517.18 milliliters] or less of beer, or 2.38 gallons [9 liters] or less of any other
alcoholic beverages per month for personal use and not for resale.
a. A direct shipper shall ship all containers of alcoholic beverages shipped directly to
a resident of this state using a licensed alcohol carrier and may cause the
alcoholic beverages to be shipped by a licensed logistics company.
b. A direct shipper shall label all containers of alcoholic beverages shipped directly
to an individual in this state with conspicuous words "SIGNATURE OF PERSON
AGE 21 OR OLDER REQUIRED FOR DELIVERY".
c. A licensed direct shipper shall report and pay the wholesaler excise tax and
retailer sales taxes to the tax commissioner on all alcoholic beverages sold to
residents in this state at the rates set forth in sections 5 -03-07 and 57 -39.6-02.
The excise tax reports are due January fifteenth of the year following the year
sales and shipments were made. When the fifteenth day of January falls on a
Saturday, Sunday, or legal holiday, the due date is the first working day thereafter.
The report must provide such detail and be in format as prescribed by the tax
commissioner and include the identification of any logistics or fulfillment houses
the licensee used for such shipments . The sales and use tax reports are due as
set forth in chapter 57-39.6. The sales and use tax reports must be in a format as
prescribed by the tax commissioner. The tax commissioner may require that the
report be submitted in an electronic format approved by the tax commissioner.
d. All alcoholic beverages that are shipped directly to a resident of this state must be
properly registered with the federal alcohol and tobacco tax and trade bureau and
must be owned by the licensed direct shipper.
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6. A licensed alcohol carrier may ship alcoholic beverages into, out of, or within this state.
A licensed alcohol carrier shall pay an annual fee of one hundred dollars and obtain a
license on an application form provided by the tax commissioner and subject to any
requirements determined by the tax commissioner.
a. A licensed alcohol carrier shall ensure all containers of alcoholic beverages
shipped directly to an individual in this state are labeled with conspicuous words
"SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY". A
licensed alcohol carrier may not deliver alcoholic beverages to a person under
twenty-one years of age, or to a person who is or appears to be in an intoxicated
state or condition. A licensed alcohol carrier shall obtain valid proof of identity and
age before delivery and shall obtain the signature of an adult as a condition of
delivery.

5-01-09. Delivery to certain persons unlawful.
1. Any individual knowingly delivering alcoholic beverages to an individual under
twenty-one years of age, except as allowed under section 5-02-06, or to an
incompetent or an obviously intoxicated individual is guilty of a class A misdemeanor,
subject to sections 5-01-08, 5-01-08.1, and 5-01-08.2.

§1716. Injurious articles as nonmailable
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(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.
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(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.