Uncork out-of-state wine sales

By   2011-12-31 17:00:57

It's incredible that Massachusetts residents can purchase almost anything made in China, but are limited in the choices of wine they can buy from California.

That's right. The Massachusetts liquor industry -- and its campaign contributions to state legislators -- has been bottling up the expansion of commerce with one of the nation's greatest wine-producing states for decades. In short, local retailers have been successful in controlling the market as to what imports come into the state. They want California wine producers to pay them a fee in order to process shipments to consumers. They also want to limit how much out-of-state wine can be sold here.

It's absurd.

What industry has to pay a middleman to process a consumer transaction, excluding credit-card companies?

In fact, Massachusetts continues the practice even though the U.S. Supreme Court has ruled that state laws barring consumers from ordering out-of-state wine shipments are unconstitutional. The ruling came down in 2006, but state Attorney General Martha Coakley has ignored it -- just like a majority of state lawmakers. Wonder why?

Even an attempt to remedy the situation in 2010 didn't prove successful. Lawmakers, still under the influence of the liquor industry and its allies, put restrictions in the proposed law that would protect local wineries from competition. Plus, they wanted consumers to obtain permits in order to receive direct wine shipments from out of state. A U.S. Appeals Court rejected the provisions as anti-consumer and unconstitutional.
Since then, several bills have been filed, but legislative leaders have shown little inclination to comply with the federal mandate opening consumer markets.

We hope that changes in the new year.

Gov. Deval Patrick recently said in a radio interview that he would support a bill that would allow consumers to order direct wine shipments from out of state. Maybe it was all his world traveling, trying to find jobs for Massachusetts residents in Israel, Chile and Brazil, that sparked his interest. (His hosts probably served a nice Napa Valley Cabernet that can't be found in the Bay State). Regardless, Patrick's on the right track.

Reps. Bradley Jones, a Republican, and David Torrisi, a Democrat, have filed separate bills that would license out-of-state wineries to ship products here to residents. Licensees would be assessed $100 per year, and shipments would be capped at 24 cases per resident annually.

Opponents feel local package stores will be hurt if more consumers receive direct shipments.

We beg to differ. The question here is about consumer choice. With more options to purchase wines in Massachusetts, consumers would be taking advantage of going through their local dealers to obtain wines that are now available only in New Hampshire and Rhode Island stores. Local retailers would benefit immensely by offering wines from many California boutique producers, the small-lot wineries that have attracted international attention in recent years for quality and affordability.

Let's get with it, Massachusetts. We live in a capitalistic, free-market nation where consumers should be able to purchase what they want, when they want it. California should not be standing behind China when it comes to selling its products in the Bay State.


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