Tasting Samples Requirements for Virtual Winery Experiences

In an effort to help stimulate DTC wine sales, Wine Institute requested that TTB and California ABC provide clear guidance on whether small containers of wine may be shipped to winery customers by common carriers for virtual tastings. During Shelter-in-Place orders, this would replace the traditional tasting room experience where visitors sample small quantities of wines at winery premises.

TTB and California ABC both confirmed that they will permit small containers of wine to be sent to consumers for virtual tasting under existing regulations, subject to meeting specific federal and state requirements. As of April 14, New York, Florida, Oklahoma and South Carolina will also permit shipping of tastings samples subject to their current DTC regulations and Wine Institute is working on getting approvals from other states that currently allow DTC shipping. For out-of-state shipments, tasting samples are reportable DTC shipments applied to a customer’s quantity limitations, and are subject to taxes and all other requirements of DTC shipments in each state.

TTB Requirements

Distribution of wine for tasting samples based on the requirements below will be treated as a normal taxable removal from the winery premises, subject to all applicable conditions of the Federal Alcohol Administration Act (FAA Act), the Alcoholic Beverage Labeling Act (ABLA), and the Internal Revenue Code (IRC). Wineries adhering to the following requirements would not need any waivers from current requirements. Additional guidance on federal requirements may be found in TTB’s frequently asked questions at W30.

• Samples must be provided in an approved standard of fill (50 mL which equals 1.7 fl. oz. or 100mL which equals 3.4 fl. oz.).
• Wine tasting containers must be properly labeled.
  • If the tasting is of an existing wine that already has an approved COLA, the winery may change the net contents statement as an allowable revision.
  • Assuming the wine samples are 100% domestic wine, the labels must include the following:
    • Brand name
    • Class and type designation
    • Appellation of origin (if required)
    • Alcohol content (or the designation “table wine,” if applicable)
    • Bottler’s name and address statement
    • Government health warning statement
    • Net contents
    • Sulfite declaration
  • If any changes are made that would require a new COLA, or the winery wishes to send tastings of a new wine, the winery must apply for a new COLA.
  • Please note that the minimum type size for all these elements on a container of 187mL or less is 1mm. More information on formatting and other requirements for each element of the mandatory information is available on TTB’s wine labeling guidance page.
• Shipments of these containers must be treated the same as other types of removals from bond – for example, the wine must be tax-determined, and wineries must maintain the required removal from bond records.
• Wineries must ensure that any shipments are in compliance with the laws of their States and the State(s) of their customers. See below.

California ABC Requirements

California ABC has indicated that virtual tastings are permitted to occur, so long as wineries follow the requirements set forth by TTB, as well as the following guidelines:

• No licensee may give alcohol away for free to consumers or as an incentive to consumers making purchases from a licensee. If “virtual winetasting” samples are specifically included as a part of the sale of a package with other alcoholic beverage products, or have an individual sale price, that is compliant with the current law.
• Any wine, including small tastes, shipped from a licensee’s location must be sent in a manufacturer sealed container.
• These containers must meet the federal regulatory guidelines for both labeling and standard of fill.
• Containers must comply with applicable state labeling laws in the same manner that they would apply to regular wine bottles or other containers.
• Licensees must comply with all applicable tax laws for these “taste” containers.
• Normally, the cost of shipping, or any other good or service, may not be given for free with an associated sale of alcohol. The Department has provided regulatory relief specifically allowing for the free delivery of alcohol during the COVID-19 crisis, but this relief can be rescinded at any time. The Department recommends following its prior guidance to ensure a licensee does not violate the law.
• The Department only regulates shipping to consumers within California. If a winegrower wishes to provide a “virtual winetasting” to customers outside the state, they will need to comply with all laws of the state where the wine is being shipped.
• Given that the samples are not being provided free of charge, and are included in the price of another purchase, there are no limits on the size of the taste.

State-by-State Requirements

Wine Institute is working on getting approvals from other states that currently allow DTC shipping and will update this list as more information is received. For out-of-state shipments, tasting samples are reportable DTC shipments applied to a customer’s quantity limitations, and are subject to taxes and all other requirements of DTC shipments in each state.

• Arizona (added April 23, 2020)
• California – see ABC Third Notice of Regulatory Relief
• Colorado (added April 16, 2020)
• Connecticut (added April 16, 2020)
• Florida
• Georgia (added April 16, 2020)
• Hawaii County, Hawaii (added May 6, 2020)
• Honolulu County, Hawaii (added April 24, 2020)
• Kauai County, Hawaii (added May 6, 2020)
• Idaho (added April 27, 2020)
• Illinois (added April 21, 2020)
• Indiana – see ATC Advisory Opinion 20-01 (added April 23, 2020)
• Iowa (added April 16, 2020)
• Kansas (added April 21, 2020)
• Maryland (added May 28, 2020)
• Michigan (added April 17, 2020)
• Minnesota (added April 17, 2020)
• Missouri (added April 20, 2020)
• Montana (added April 16, 2020)
• Nebraska (added April 16, 2020)
• Nevada (added April 17, 2020)
• New Hampshire (added April 30, 2020)
• New Jersey (added May 1, 2020)
• New Mexico (added April 27, 2020)
• New York
• North Dakota (added April 27, 2020)
• Ohio (added April 27, 2020)
• Oklahoma
• Oregon – see OLCC Virtual Wine Tastings Fact Sheet (added April 24, 2020)
• Pennsylvania (added April 16, 2020)
• South Carolina
• South Dakota (added April 21, 2020)
• Tennessee (added April 16, 2020)
• Texas (added April 15, 2020)
• Vermont (added April 16, 2020)
• Virginia (added April 20, 2020)
• Washington (added April 27, 2020)
• West Virginia (added April 15, 2020)
• Wisconsin (added April 23, 2020)
• Wyoming (added April 15, 2020)

For more on DTC requirements in each state, see Wine Institute’s Direct Shipping Laws for Wineries portal.