On Monday, Jan. 9, the New Jersey Assembly voted in favor of A.4436 (identical to the senate version) which allows in- and out-of-state wineries producing less than 250,000 gallons per year to ship directly to New Jersey consumers. Specifically, the legislation establishes an Out-of-State Small Winery License that allows wineries to sell to a New Jersey wholesaler, ship up to 12 nine-liter cases to a consumer per year, and sell wine at retail in up to 16 salesrooms for on- or off-premise consumption. The annual fee is $938 and there is an additional $250 fee for each salesroom. Joint salesrooms are prohibited. Governor Christie has until Jan. 17, 2012 to act on the bill. The New Jersey ABC would promulgate regulations and it is unknown whether they will be completed before the law takes effect in May 2012. Wine Institute will provide more information to members as it becomes available.
(A.4436) New Jersey Out-of-State-Winery Licensee: 250,000 gallon capacity cap – wineries producing more than 250,000 gallons per year, or that hold directly or indirectly any interest in a winery that produces more than 250,000 gallons per year are not eligible to hold a license.
- Annual Fee of $938
- Sell to NJ Wholesalers
- DTC 12 cases per consumer per year, sales and excise tax required, maintain original invoice for 3 years
- Operate up to 16 Salesrooms in NJ(additional fee of $250 per salesroom)
- Self-Distribute to NJ retailers and restaurants using your own vehicles (additional fee determined by annual production)
More than 150,000 gallons to 250,000 $1000
More than 100,000 gallons to 150,000 $500
More than 50,000 gallons to 100,000 $250
50,000 gallons or less $100