If Passed, HR 5034 will Cheat Wine Consumers

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While most consumers hurried to finish taxes by the April 15th deadline, something sinister was afoot in the United States House of Representatives.  At the behest of the powerful National Beer Wholesalers Association (NBWA), and in response to a recent U.S. Court of Appeals ruling that the state’s cap limit on wineries’ direct shipping to Massachusetts residents is unconstitutional, Representative Bill Delahunt (D-MA) introduced legislation (House Resolution 5034) that rolls back the clock to the days right after Prohibition.

But Mr. Delahunt doesn’t worry about being held accountable for his stupidity; in March he confirmed his retirement from Congress at the end of this term. Just about the time his Congressional subcommittee was having a little “under the radar” tea party kegger hearing with the wholesalers and state regulators.

Talk of a bill first surfaced when a Congressional subcommittee held a hearing with little notice on March 18. During the session, wholesalers and state regulators argued that the three-tier system is under attack and that the U.S. faces “an alcohol epidemic” if Congress does not intervene and prevent deregulation of alcohol sales. The hearing took many in the wine industry by surprise, and no winery-, retailer- or consumer-advocacy groups testified. – Wine Spectator, 4/16/2010

One might wonder if Wine, Beer and Spirits Wholesalers where buying votes for a direct shipping ban.
But the Beer, Wine and Liquor industry heavy hitters have been lining Mr. Delahunt’s coffers for years. For the 2008 Election cycle, Mr. Delahunt received $10,000 from the NBWA Political Action Committee. Co-sponsor HR 5034 John Howard Coble (R-NC) received $10,000 as well. In fact, nearly all of the members of the powerful Judiciary Committee receive substantial campaign contributions from the Beer, Wine and Liquor wholesalers each election cycle.  Over his seven-term tenure Mr. Delahunt, for example, has received nearly $100,000 in campaign contributions according to information from the NBWA website as well as OpenSecrets.org, which tracks industry influence on political campaigns. House Speaker Nancy Pelosi raked in nearly $80,000 for 2008 and has already taken $31,100 for the November mid-term elections. One might wonder if Wine, Beer and Spirits Wholesalers where buying votes for a direct shipping ban. Wine Industry Insight did a little breakdown of contributions you can read here.

Apart from Influence Peddling, Why is HR 5034 Bad Legislation?

Under the oft-used guise of “protecting our kids” and “putting an end to frivolous lawsuits” the cleverly named “Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010″ would allow individual States to control all distribution of alcohol, beer and spirits; exempt sale of such from the Commerce Clause; and allow states to discriminate against out-of-state wineries, in favor of those operations within the State, effectively taking away consumers’ freedom to purchase wines from out-of-state.

State “Control” of Distribution

During Prohibition, distribution and control of alcohol fell to organized crime. if you recall from our “To Hell with States’ Rights” post:

Production, importation and distribution of alcoholic beverages — once legitimate business activities — were taken over by criminal gangs, who fought each other for market control in violent confrontations which often included mass murder. – Another Wine Blog, 2/26/2009

When Prohibition was repealed, and in an effort to break the distribution system that was now Mob-controlled, States set up all sorts of barriers, including residency requirements, that have since been ruled un-Constitutional. States set up regulations for a “three-tier system” with producer, wholesaler/distributor and retailer as different entities, allowing for distribution to be spread out among a number of players so no one group or groups held absolute control. So that’s a good thing, right?  State regulatory agencies have set up a system that prevents corruption, right?

Well, in theory, yes. But just as in a number of industries, the control of the entire industry is now in the hands of just a few companies. It’s difficult to determine exactly who is at the top, because at least two of them claim to be the largest distributor in all of the United States. One of them, Southern Wine & Spirits of America, Inc., has reported annual sales in excess of $7 billion, which puts them at over 19% of the total domestic wine and spirits wholesaler revenues. A total of six of the largest distributors control over 50% of the wine and spirits market in the United States.

Let me repeat that. Six (6) companies control distribution of over half the wine and spirits in the entire country. And if such a small number of companies control all that potential State tax revenue, who do you suppose is really in charge? Especially given that most of the heads of these companies sit on the boards of the same PACS and lobbying organizations that line the coffers of the state politicians as well?

Control of Distribution Means Control of Consumer Choices

Ever wonder why you can’t find some of the wines we talk about on Another Wine Blog in your local grocery store, wine shop or beverage retailers? One reason might be that many of our favorite wines are produced in smaller quantities. Just like hand-crafted beer, small boutique wineries focus on small lots which allow for greater control over the fruit that goes into the barrels and the process of making that wine. It’s perhaps like the difference between an album by Leonard Cohen and the Jonas Brothers. Or perhaps the difference between a Robert Mapelthorpe and a Thomas Kinkade.

And that leads us to profit margin. A company can maximize its profits if it can place many bottles of smaller selection of wine. Fewer choices means more people buy what is offered, especially when it comes to a retail store. Those wines they do carry in small quantities usually go to restaurants, who resell that wine to you the customer at three to four times the retail price. So, that good Rhone-style blend you now purchase through your winery for $18 will cost you $45 at the restaurant. And it’s the same exact wine!

Within the coming days, we’ll talk about how this hurts the small businessman; and exempts this one powerful cartel from the Constitutional provision that governs every other product shipped via interstate commerce. You can read the current text of the bill here. If you’re on Facebook, you can join the fight here at STOP H.R. 5034.

But if you’ve read enough and want to do something now, contact your congressional representative to insist he or she protects your right to purchase wine! Go to FreeTheGrapes.org to learn more. Or use this handy FreeTheGrapes.org site to automatically generate a letter to send to your U.S. Congressional Representatives in both the House and the Senate.

About Amy Corron Power

A licensed attorney, Amy is a wine-lover, foodie, photographer, political junkie and award-winning author who writes about Wine, Food, Beer & Spirits. As Managing Editor & Tasting Director for Another Wine Blog, she travels all over the world's wine regions to share her experiences with her readers and nearly 10,000 twitter fans. Amy holds certifications through the International Sommelier Guild, and is also certified, with honors, as a California Wine Appellation Specialist (CWAS). She is a member of the Guild of Sommeliers, The Wine & Food Foundation of Texas and regularly attends Houston Sommelier Association events.
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    Insightful read. I have stumbled and twittered this for my friends. Others no doubt will like it like I did.

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  • http://www.cookincanuck.com Cookin' Canuck

    What a ridiculous piece of legislation! Living in Utah, we already have an incredible amount of limitation placed on us. We are not allowed to have wine shipped in from other states to our homes, nor are we allowed to carry/drive in any sort of alcohol. The microbreweries here have to sell their kegs to the state and then buy them back before they are allowed to sell the beer at their pubs. I kid you not!

    • http://www.anotherwineblog.com WineWonkette

      And the wholesalers want to make it even MORE difficult for wine and beer to get to consumers!

  • http://www.uncorkedventures.com wine clubs

    Law of unintended consequences. The beer wholesalers try to put something way too broad that would accidently kill wine shipping and most of my business I might add.

    If they are going to be using Pennsylvania as an example, they should actually ask a wine drinker from the state how it is if they want to receive any wine. Talked to a lady about a month ago that wanted an extra case of wine sent to her, she had visited the Sonoma winery while on vacation. I had to tell her that there was absolutely no chance because the state liquor board had not yet approved the wineries labels for shipment or sale in the state….even though it opened in 1979.

    • http://www.anotherwineblog.com WineWonkette

      oh I think they knew what they were doing. All you have to do is follow the money to Congress. The wholesalers see billions that they don't have a piece of. And they want it ALL.

  • http://www.cookincanuck.com Cookin' Canuck

    What a ridiculous piece of legislation! Living in Utah, we already have an incredible amount of limitation placed on us. We are not allowed to have wine shipped in from other states to our homes, nor are we allowed to carry/drive in any sort of alcohol. The microbreweries here have to sell their kegs to the state and then buy them back before they are allowed to sell the beer at their pubs. I kid you not!

  • http://www.uncorkedventures.com wine clubs

    Law of unintended consequences. The beer wholesalers try to put something way too broad that would accidently kill wine shipping and most of my business I might add.

    If they are going to be using Pennsylvania as an example, they should actually ask a wine drinker from the state how it is if they want to receive any wine. Talked to a lady about a month ago that wanted an extra case of wine sent to her, she had visited the Sonoma winery while on vacation. I had to tell her that there was absolutely no chance because the state liquor board had not yet approved the wineries labels for shipment or sale in the state….even though it opened in 1979.

  • Pingback: H.R. 5034 – A fraudulent bill that would hurt many family wineries « John on Wine – a wine blog

  • http://www.anotherwineblog.com WineWonkette

    And the wholesalers want to make it even MORE difficult for wine and beer to get to consumers!

  • http://www.anotherwineblog.com WineWonkette

    oh I think they knew what they were doing. All you have to do is follow the money to Congress. The wholesalers see billions that they don’t have a piece of. And they want it ALL.

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