Direct Shipment Laws

The 2006 Legislature passed two new laws involving both out-of-state and in-state wineries shipping directly to Washington consumers, and Washington retailers receiving beer and wine from out-of-state and Washington breweries and wineries. These new laws were implemented on July 1, 2006.

ESB 6537  Wine - Direct Sales to Consumers
Required Forms

Direct Sales and Shipment to Consumers:
This law allows out-of-state wineries to ship directly to Washington consumers, and sets some new rules for Washington wineries. Washington will no longer be a reciprocity state, but rather a permit state. This means any US winery licensed as a winery in their home state, and licensed with the Federal Government under the Tobacco and Trade Bureau (TTB) can obtain a wine shipper permit to ship to Washington consumers. The fee for a wine shipper permit is $100, unless the winery is already licensed with Washington as a Certificate of Approval for wine (COA). If so, the COA will need a “no fee” endorsement from Washington to ship to consumers.

Any sale to a Washington consumer is considered a sale in Washington.

There is no limit on the amount of wine that can be shipped to a Washington consumer. Beer cannot be shipped to consumers.

Wine shipper permit holders and COA holders must report monthly on shipments made as stated in RCW 66.24.210, even if there are no sales.

Monthly filing is required from a U.S. winery that holds:

  1. Wineries must pay Washington wine liter taxes to the WSLCB each month. (Wine Tax Reporting Forms)
    Wineries must still submit a monthly report even if no sales occurred that month.

  2. Wineries must collect and remit Washington state sales tax to Washington State Department of Revenue.

Shipping container labeling must contain language that the package cannot be delivered to persons under 21 years of age or a person who appears intoxicated.

2SSB 6823  Self-distribution by U.S. Wineries/Breweries of Wine/Beer of their own production to Washington licensed retailers
Required Forms

Direct Shipment to Retailers -- Out of State U.S. Wineries/Breweries
COA holders may sell beer and wine of their own production to Washington retailers. The COA must hold an endorsement issued by Washington to do so. The fee is $100. The following conditions apply:

  1. The COA must report monthly and pay Washington Liquor Control Board taxes on all shipments into Washington.

  2. The COA must price post with Washington as a distributor.

  3. The COA and Washington retailer must follow the current in-state delivery requirements. The COA delivers the product to the Washington retailer using its own employees; the Washington retailer picks up the product at the COA location; or the retailer, at his own cost and initiative, arranges for a common carrier to pick up the product and deliver it to the retailer location.

Direct Shipment to Retailers -- Washington State Wineries/Breweries
Washington wineries and breweries that choose to sell product of their own production directly to Washington retailers will continue to price post as a distributor.

Washington wineries and breweries will be required to make slight modifications in their monthly reporting to the Board. Retail sales (product sold at retail at the winery or brewery) and sales made directly to licensed retailers will be reported as individual categories. The report will be a total of sales only, and not a detailed report requirement.

Washington Retailers
Washington retailers may receive direct shipments of beer and wine from an out-of-state winery or brewery that holds a Washington State Certificate of Approval (COA), or a licensed Washington winery or brewery. A Washington retailer must hold an endorsement from the Liquor Control Board for each licensed retail location to receive direct shipments. There is no fee for this endorsement, but once the endorsement is issued, the retailer must report monthly on all shipments of beer and wine received from each out-of-state winery or brewery. Reporting to the LCB is mandatory, even if no direct shipment was received.

For questions about these changes, please contact the WSLCB Licensing Division by e-mail or by calling (360) 664-1600 (select option 4 on the voice menu).