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DelawareHB 187153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.

Sponsored By: Michael F. Smith (Republican)

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 2 costs, 2 mixed.

Adult signatures required for wine deliveries

Wine packages must clearly state: “CONTAINS ALCOHOL: SIGNATURE OF INDIVIDUAL AGE 21 OR OLDER REQUIRED FOR DELIVERY.” Delivery workers must scan and keep a state-issued driver's license or ID as proof of age. Someone age 21 or older must sign in the delivery worker's presence. Workers must complete approved training for direct wine deliveries before making deliveries.

Wine carriers need permits, face penalties

Wine deliveries must use a permitted carrier; applying costs $500, and renewal costs $500 every two years. Permits cover common carriers with an Interstate Commerce Commission certificate or other applicants the Commissioner finds consistent with the law. The Commissioner can refuse applicants linked to suspended or revoked carrier permits. After state notice, carriers must tell unlicensed shippers to get licensed before sending packages for Delaware delivery. Carriers face fines or suspension after a hearing, and repeated or ongoing violations can lead to permit revocation. Carrier fines cannot exceed the greater of $1,000 or 10% of average gross monthly fees earned through the Delaware permit. Carriers can ask to suspend all or part of a fine for good cause. The Commissioner can also deny shipper licenses or fine, suspend, or revoke them for violations.

Wine producers pay new shipping fees

Wine producers pay $100 to apply for a Delaware direct-shipper license. The license costs $400 every two years for up to 200 cases shipped annually. Producers shipping more than 200 cases annually pay $3,600 every two years. Applications and renewals must include a true copy of a valid state wine producer license and required application materials.

Direct wine purchases with household limits

Delaware households can buy wine for personal use from producers holding both a valid producer license and Delaware direct-shipper license. Each shipper can send each household up to three 9-liter cases per calendar year; resale is banned. A household member age 21 or older must receive the wine, and producers represented by Delaware wholesalers cannot ship directly. Each producer is capped at 1,800 9-liter cases into Delaware annually, then must distribute through a licensed Delaware wholesaler. The Commissioner must report on impacts on Delaware wine retailers to the Governor and General Assembly by June 1, 2026.

Wine shippers face taxes and reporting

Direct wine shippers must pay Delaware excise taxes based on where each order is delivered. Shippers and carriers must report shipment totals, recipient names and addresses, quantities, and tracking numbers each quarter. Reports and tax payments are due by March 10, June 10, September 10, and December 10. Out-of-state shippers can be required to report and pay more often; their reported information is protected from public disclosure. In-state shippers must provide required compliance information, accept Delaware enforcement authority, and allow requested audits; state agencies can also audit carriers. Shippers must keep records for at least three years. Each shipment needs an invoice listing retail price, quantity, purchaser name and address, and tax collected.

Sponsors & Cosponsors

Sponsor

  • Michael F. Smith

    Republican • House

Cosponsors

  • Daniel B. Short

    Republican • House

  • Ronald E. Gray

    Republican • House

  • Kimberly Williams

    Democratic • House

  • Melissa Minor-Brown

    Democratic • House

  • Brian Pettyjohn

    Republican • Senate

  • Nicole Poore

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • Jeffrey N. Spiegelman

    Republican • House

  • John "Jack" Walsh

    Democratic • Senate

  • Lyndon D. Yearick

    Republican • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 2 for HB 187 - Signed by Governor

    8/15/2025Governor

  2. HS 2 for HB 187 - Passed By Senate. Votes: 21 YES

    7/1/2025Senate

  3. HS 2 for HB 187 - Passed By House. Votes: 37 YES 3 NO 1 VACANT

    6/30/2025House

  4. HS 2 for HB 187 - - Passed In House by Voice Vote

    6/30/2025House

  5. HS 2 for HB 187 - - Stricken in House

    6/30/2025House

  6. Substituted in House by HS 2 for HB 187

    6/30/2025House

  7. Substituted in House by HS 2 for HB 187

    6/27/2025House

  8. HS 1 for HB 187 - Reported Out of Committee (Appropriations) in House with 5 On Its Merits

    6/27/2025House

  9. Substituted in House by HS 1 for HB 187

    6/25/2025House

  10. Assigned to Appropriations Committee in House

    6/24/2025House

  11. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 3 Favorable, 5 On Its Merits

    6/17/2025House

  12. Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

    6/5/2025House

Bill Text

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