January 24, 2022

Volume XII, Number 24

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January 24, 2022

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Texas Alcohol Regulators Provide Direct Shipping Option

On June 11, the Texas Alcoholic Beverage Commission (TABC) issued a Marketing Practices Advisory (MPA 055) clarifying the volume that a winery can legally ship directly to Texas consumers in a single year.  The limit is 35,000 gallons and the calculation must include the total volume shipped over a calendar year.

The recent TABC Advisory builds on a 2012 TABC Licensing Bulletin (LIC001) that outlined the required permit and process for wineries authorized to make direct shipments.  It also noted that Texas package stores are authorized to deliver wine directly to 15 million Texas residents of legal drinking age.  A stern warning appears at the end of the bulletin that unauthorized shipments would be actionable by the TABC.

A strong record of voluntary compliance will help preserve and expand e-commerce privileges for industry suppliers.

© 2022 McDermott Will & EmeryNational Law Review, Volume III, Number 226
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McDermott’s Food, Beverage & Agribusiness team comprises leading regulatory lawyers who advise on the regulation, licensing, distribution, labeling, current Good Manufacturing Practices, e-commerce, advertising, false claims and marketing of food and beverage products, as well as their related inputs.

We regularly represent clients and trade groups in preparing and submitting comments to agencies on emerging regulatory issues. For example, the passage of the Food Safety Modernization Act has ushered in a new wave of regulatory proposals and challenges for those involved in the...

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