SLS 10RS-362 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 164
BY SENATOR MURRAY
COMMERCIAL REGULATIONS. Authorizes direct shipping of sparkling wine and still
wine intrastate. (8/15/10)
AN ACT1
To amend and reenact R.S. 26:359(B)(1)(introductory paragraph) and (g), and to repeal R.S.2
26:359(B)(1)(i), relative to the distribution of alcoholic beverages; to authorize direct3
shipping of sparkling wine and still wine by Louisiana wine retailers to consumers4
inside or outside of Louisiana; to repeal the requirement that a wine producer or5
manufacturer that ships wine to Louisiana consumers not have any agreement with6
Louisiana wholesalers; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 26:359(B)(1)(introductory paragraph) and (g) are hereby amended9
and reenacted to read as follows:10
ยง359. Distribution of alcoholic beverages through wholesalers only11
* * *12
B.(1) Notwithstanding the provisions of Subsection A of this Section,13
sparkling wine or still wine may be sold and shipped directly to a consumer in14
Louisiana by the manufacturer or retailer of such beverage domiciled outside of15
Louisiana, or by a wine producer domiciled inside or outside of Louisiana, provided16
both that all taxes levied have been paid in full and that all of the following apply:17 SB NO. 164
SLS 10RS-362 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
(g) The package contains an invoice indicating the date of the shipment, and2
providing a full and complete description of all items included in the shipment, and3
stating the price thereof.4
* * *5
Section 2. R.S. 26:359(B)(1)(i) is hereby repealed.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Present law provides that sparkling wine or still wine may be sold and shipped directly to
a consumer in La. by the manufacturer or retailer of such beverage domiciled outside of La.,
or by a wine producer domiciled inside or outside of La., provided both that all taxes levied
have been paid in full and that the shipper fully comply with applicable present law.
Proposed law extends present law to permit a retailer domiciled in La. to directly ship to
sparkling wine or still wine to a consumer domiciled in La.
Present law requires that the package of wine contain an invoice indicating the date of the
shipment, provides a full and complete description of all items included in the shipment, and
states the purchase price of the contents.
Proposed law retains present law, but deletes the requirement that the invoice indicate the
purchase price of the contents.
Present law requires that the seller or shipper who is a wine producer or manufacturer is not
a party, directly or indirectly, to any agreement in which a wholesaler licensed by the state
of La. has been granted the right to purchase and to sell any sparkling wine or still wine
produced by the manufacturer. This does not include any sale of sparkling wine or still wine
perfected on the premises of the wine producer or manufacturer and completed by shipment
to a consumer in La. otherwise made in accordance with the provisions of present law.
Proposed law repeals present law.
Effective August 15, 2010.
(Amends R.S. 26:359(B)(1)(intro. para.) and (g); repeals R.S. 26:359(B)(1)(i))