PRIA Logo™
DelawareHS 1 for HB 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)

Signed by Governor

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

New licenses and rules for delivery carriers

Carriers that deliver wine to homes must hold a Delaware common carrier license and pay $500 every two years. Direct shippers may use only licensed carriers, and carriers may deliver only for licensed wine direct shippers. At delivery, the driver must check a state ID, confirm age 21 or older, and get a signature; under‑21 deliveries are banned. Carriers must train drivers on ID checks and send monthly shipment reports with sender, receiver, and tracking details; these reports are exempt from public records rules. The Commissioner can fine up to $5,000 and suspend or cancel a license after three or more violations. Failing to ask for ID carries a $250–$500 first‑offense fine. Licensees consent to Delaware enforcement and must meet the Title 4 definition of a common carrier.

Caps and wholesaler rules on direct shipping

Farm wineries and similar makers can qualify for a wine direct shipper license. But you cannot ship into Delaware if a licensed importer or wholesaler represents your brand. You also cannot ship for resale. A direct shipper that ships 1,800 nine‑liter cases in a year has its direct shipper license canceled and must apply as a supplier. Importers and wholesalers must send monthly product price lists; the state posts product details online without proprietary prices.

Licenses and reports for direct shippers

Out‑of‑state makers and retailers need a Delaware direct shipper license to accept orders from Delaware residents. The license costs $100 every two years, or $400 if you ship more than 200 cases a year to Delaware. Applications must include your home‑state alcohol license and Federal Basic Permit. You must file quarterly invoices by March 10, June 10, September 10, and December 10 and keep records for 3 years. Out‑of‑state licensees must report shipments and pay Delaware excise tax monthly at §581(d) rates; in‑state licensees must also report sales details. Your records can be audited, and you consent to Delaware’s jurisdiction. Agencies may set additional rules.

Buy out-of-state wine and beer with limits

Delaware adults 21 or older can buy up to 60 bottles of wine and up to 6 cases of 12‑ounce beer each year from out‑of‑state sellers for personal use. Wine sent to a home is capped at 3 nine‑liter cases per household each year. Shipments cannot go straight to your door; they go through a Delaware wholesaler and retailer for final delivery. Direct shippers pay handling fees of $4 per wine case and $2 per beer case, which can raise prices. Delaware excise taxes apply at the rates in §581(d). Packages must be labeled to require an adult signature.

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

  • 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. Reported Out of Committee (Appropriations) in House with 5 On Its Merits

    6/27/2025House

  8. Substituted in House by HS 2 for HB 187

    6/27/2025House

  9. Adopted in lieu of the original bill HB 187, and Assigned to Appropriations Committee in House

    6/25/2025House

Bill Text

  • Current

    6/25/2025

    HTML

Related Bills

Back to State Legislation