PA Congressman’s response to H.R. 5034 Comprehensive Alcohol Regulatory Effectiveness Act of 2010
Recently, I contacted my local congressman (Jim Gerlach) about my opposition to H.R. 5034, which will make it nearly impossible for small artisan wineries to ship directly to their customers. The bogus argument for this, is that this enables underage kids easy access to alcohol. Anyone with half a brain would realize that no 17-year-old is ordering artisan wines online to get his buzz on. This bill is penned and supported by LARGE multi-state beer distributors…what a shocker. Anyway, here’s Gerlach’s canned, ambiguous, and lame response….
Dear Mr. Oyler:
Thank you for contacting me about H.R. 5034, the proposed Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010. I appreciate the opportunity to respond.
Since the end of Prohibition in 1933, the authority to regulate the sale and distribution of alcohol has been left to the states. In general, states have required that beer, wine, and spirits be distributed to wholesalers, then to retailers, and finally to the consumer. As such, wholesalers and retailers have been part of the sales and revenue stream and the producers of the products have therefore sought a more direct sales approach.
This traditional system for sale and distribution of alcoholic beverages has recently been questioned in the courts, most notably when a federal appeals court in Boston struck down a state law restricting direct sale to citizens by wine producers. Wholesalers contend that direct sale is contrary to state law and is a breach of the 21st Amendment which grants the states the power to regulate alcohol sales. On the other hand, producers support an approach that permits wineries and breweries to avoid a multi-layered distribution system that impacts their profitability.
In response to this controversy, a bipartisan group of members have introduced H.R. 5034. The context of the bill is to underscore Congress’ view that the regulation of alcoholic beverages is a state issue. Nonetheless, its enactment would not prevent individuals from challenging unconstitutional state regulations nor prohibit the direct shipment of wine. In essence, the legislation aims to generally reaffirm that federal laws should not trump state laws.
The bill was introduced on April 15, 2010 and has been referred to the House Judiciary Committee. Should this bill begin moving forward in the process, I will certainly weigh your views in deciding whether how to vote on this bill.
Again, thank you for contacting me regarding this legislation. If I can be of any assistance to you or your family in the future, please let me know.
With kind regards, I am
Sincerely,
Jim Gerlach
Member of Congress
P.S. Please visit me on the internet at http://www.gerlach.house.gov.
