Hot Issues

Delaware
House Bill 193 would allow grocery stores to sell beer and wine.

Florida
Companion bills H.B. 297 and S.B. 1388 sought to create the Point-of-Purchase Messaging about Alcohol and Pregnancy Act, requiring certain warning signs to be displayed in specific ways on the premises of alcoholic beverage vendors & manufacturers. Both bills died in their respective chambers.

Illinois
H.B. 4557 raises the tax rate imposed upon the privilege of engaging in business as a manufacturer or as an importing distributor of beer.
Drug and alcohol treatment advocates have asked the Governor and legislature to impose a nickel a drink tax increase to fund substance abuse treatment programs.

Maine
Signed into law by the Governor, H.B. 622 allows a small brewery that holds an on-premise liquor license to sell malt beverages produced at the brewery in thirty-two to sixty-four ounce containers for off-premise consumption.

Massachusetts
Both legislative chambers have approved an increase of the sales tax (from 5% to 6.25%) and the removal of the sales tax exemption on alcohol.

Minnesota
House Bill 2323 has been vetoed by the Governor. The excise tax on beer would have increased by $3.31 per barrel.

Missouri
H. B. 308 phases out over a six-year period the state sales and use tax on the purchase of food and replaces the revenue with an additional excise tax on wine and liquor. The bill has been referred to committee.

Having been referred to committee, House Bill 943 seeks to allow a restaurant bar without an onsite brewery that serves 45 or more different types of draft beer to sell 32 fluid ounces or more of beer to customers for consumption off the premises.

New Jersey
The Council on Alcoholism and Drug Dependence has called on the Governor to raise the tax on beer in New Jersey 5 cents a gallon.

Senate Bill 2098 provides that on premise and off premise licensees may hold beer, wine and spirits tasting events.

New York
Passing the Assembly, S.B. 2623 permits certain small beer brewers to obtain a permit to sell beer in a sealed container for off-premises consumption at fairs and farmers' markets.

Companions Assembly Bill 7151 and Senate Bill 3246, permitting persons with licenses to sell beer or wine products for consumption off premises to provide beer samples in their licensed establishments, continue to receive consideration in their respective chambers.

North Carolina
Seeking to raise the excise tax rates on all alcohol beverages, H.B. 1579 would increase the malt beverage rate from 53.2 cents per gallon to 57.4 cents per gallon.

H.B. 1595 creates a malt beverage special events permit and a malt beverage tasting permit to give brewers the same rights that vintners already enjoy in promoting their products at certain public events. The bill has passed the House.

Oregon
Following House approval and a public hearing conducted in the Senate, House Bill 3122 remains under active consideration. The legislation allows holders of on-premise sales licenses to obtain verification of the capacity of pint glasses used at the licensed premises for draught malt beverages. Also allows licensees to obtain a display sticker from Oregon Liquor Control Commission if the glasses hold a pint of malt beverage under standard conditions.

Signed into law, H.B. 2528 allows the issuance of a special events license to brewery-public house licensees.

Pennsylvania
House Bill 1506 seeks to provide a tax credit for capital expenditures made by small brewers (1.5 million barrels or less) so as to encourage the renewal and improvement of that segment of the brewing industry.

Rhode Island
House Bill 6169, authorizing the operator of a brewery, distillery or winery to make retail sales of beverages to consumers at the place of manufacture for off the premise consumption, has been held for further study.

Washington
House Bill 2040 has been signed into law. The legislation permits financial interests between liquor manufacturers, distributors, and retailers under certain conditions; allows liquor manufacturers and distributors to provide branded promotional items to retailers; and eliminates the mandatory 10 percent minimum mark-up for beer and wine manufacturers to charge distributors and for distributors to charge retailers.

Also becoming law by virtue of the Governor's signature, S.B. 5060 increases the amount of home-made beer or wine an adult may remove from the home from one gallon to 20 gallons. Home-made beer and wine may be removed from the home for private use, including use at organized affairs, exhibitions, or competitions such as homemaker's contests, tastings, or judging. The requirement that any beer or wine left over from a tasting or competition must be returned to the home is eliminated.

Wisconsin
Senate Bill 209/Assembly Bill 287 propose an increase in the beer excise tax from $2/barrel to $10/barrel with the purpose of funding grants to law enforcement and alcohol abuse prevention and treatment programs.

Overview

SELF-DISTRIBUTION
The American consumer should have access to the widest range of domestically produced beers made available by licensed breweries. The success or failure of a beer should depend on consumer demand, rather than artificial barriers to distribution.   The absence of a willing and/or viable wholesaler should not prevent a small brewer's products from reaching a retailer who is willing to sell them.

We support state laws that respect and enhance consumer choice in the marketplace. We believe that to provide the greatest ongoing choice for consumers, small brewers need the right to act as their own wholesaler and be allowed to distribute to retailers. Such brewers should be subject to all laws and taxes applicable to both brewers and wholesalers.

FRANCHISE LAWS / ACCESS TO MARKET
We believe that small brewers and wholesalers should be free to establish enforceable contracts between the parties that both parties agree are fair and equitable. Franchise laws were enacted to protect wholesalers from the undue bargaining power of their largest suppliers. Applying those laws to relations between small brewers and wholesalers is unfair and against free market principles.

Where franchise laws exist, we believe that any brewer contributing less than 20% of a wholesaler's volume should be exempted from those laws and free to establish a mutually beneficial contract with that wholesaler. Without the leverage inherent in being a large part of a wholesaler's business, a small brewer and wholesaler can negotiate a fair contract at arm's length.

INDEPENDENT WHOLESALERS
We support the independence of wholesalers and believe independent wholesalers are wholesalers who are contractually and economically free to allocate their efforts among the brands they sell without the undue influence of their largest suppliers.   Each brand gets the attention it deserves on its own merits in the marketplace.

EXCISE TAXES
The Brewers Association opposes excise taxes on beer as a matter of public policy. The taxes are paid by small brewers whether or not they are profitable. They are also paid by consumers regardless of income level and are historically very regressive taxes. The total amount of excise taxes paid on beer exceeds the total amount of profit in the brewing industry. Newly proposed excise taxes earmarked to fund substance abuse programs do not recognize the positive and healthful benefits of beer consumption for the vast majority of beer drinkers. Furthermore, there have been billions of dollars of excise taxes already collected that could be used to fund such programs.

UNDERAGE DRINKING & DRIVING UNDER THE INFLUENCE
Responsible enjoyment of beer can be part of a healthy lifestyle. The Brewers Association strongly opposes illegal use of our products such as underage drinking and driving while under the influence. We, as brewers, are offended by those who misuse our products. We promote education on responsible enjoyment of craft beer through programs, such as the Savor the Flavor program.