Did You Hear About H.R. 5034?

Maybe not?  Well watch the video:






Then read the bill below:

Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 (Introduced in House)

HR 5034 IH


2d Session

H. R. 5034

To support State based alcohol regulation, to clarify evidentiary rules for alcohol matters, to ensure the collection of all alcohol taxes, and for other purposes.


April 15, 2010

Mr. DELAHUNT (for himself, Mr. COBLE, Mr. CHAFFETZ, and Mr. QUIGLEY) introduced the following bill; which was referred to the Committee on the Judiciary


To support State based alcohol regulation, to clarify evidentiary rules for alcohol matters, to ensure the collection of all alcohol taxes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the `Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010′.


    It is the purpose of this Act to–

      (1) recognize that alcohol is different from other consumer products and that it should be regulated effectively by the States according to the laws thereof; and

      (2) reaffirm and protect the primary authority of States to regulate alcoholic beverages.


    The Act entitled `An Act divesting intoxicating liquors of their interstate character in certain cases’, approved March 1, 1913 (27 U.S.C. 122 et seq.), commonly known as the `Webb-Kenyon Act’, is amended by adding at the end the following:


    `(a) Declaration of Policy- It is the policy of Congress that each State or territory shall continue to have the primary authority to regulate alcoholic beverages.

    `(b) Construction of Congressional Silence- Silence on the part of Congress shall not be construed to impose any barrier under clause 3 of section 8 of article I of the Constitution (commonly referred to as the `Commerce Clause’) to the regulation by a State or territory of alcoholic beverages. However, State or territorial regulations may not facially discriminate, without justification, against out-of-state producers of alcoholic beverages in favor of in-state producers.

    `(c) Presumption of Validity and Burden of Proof- The following shall apply in any legal action challenging, under the Commerce Clause or an Act of Congress, a State or territory law regarding the regulation of alcoholic beverages:

      `(1) The State or territorial law shall be accorded a strong presumption of validity.

      `(2) The party challenging the State or territorial law shall in all phases of any such legal action bear the burden of proving its invalidity by clear and convincing evidence.

      `(3) Notwithstanding that the State or territorial law may burden interstate commerce or may be inconsistent with an Act of the Congress, the State law shall be upheld unless the party challenging the State or territorial law establishes by clear and convincing evidence that the law has no effect on the promotion of temperance, the establishment or maintenance of orderly alcoholic beverage markets, the collection of alcoholic beverage taxes, the structure of the state alcoholic beverage distribution system, or the restriction of access to alcoholic beverages by those under the legal drinking age.’.


    The Act entitled `An Act to limit the effect of the regulations of commerce between the several States and with foreign countries in certain cases’, approved August 8, 1890 (27 U.S.C. 121), commonly known as the `Wilson Act’, is amended by striking `to the same extent’ and all that follows through `Territory,’.

So what does this mean? 

Here is the short, you just read the long.  The short of this bill will eliminate the sale of wine directly to you from a vineyard, other than in a tasting room or controlled area.  Vineyards will no longer be able to ship you wine to your front door.  The only way that wine will be able to be purchased is via a distributor or wholesaler.  They want to protect children from purchasing alcohol.



This is to pad the pocket of wholesalers and distributors.  There are some local vineyards who’s production might be about 2,000 to 3,000 cases.  They will be force to sell only a distributor.  So you will not be able to call up the little guy and ask him to ship you out a case of the 2005 Merlot.  Makes sense.  NOT!

Here is a brief, but spot on summary of H.R. 5034 from Tom Wark’s Fermentation,

1. If passed, HR 5034 will end the direct shipment of wine in many states.

2. HR. 5034 is an alcohol wholesaler protection bill.

3. HR 5034 means state alcohol laws would no longer be subject to fundamental Constitutional principles.

4. Backers of HR 5034 claim alcohol deregulation is happening, yet they can’t point to any deregulation that has occurred.

5.The purpose of HR 5034 is to assure that alcohol wholesalers (middlemen) get a cut of every bottle of wine sold in America, whether they deserve it or not.

6. Small artisan wineries across the country will lose millions of dollars in revenue if HR 5034 is passed.

7. Wine Consumers will lose access to 1000s of wines if HR 5034 is passed.

8. The market for fine wine will shrink considerably if HR 5034 is passed.

9. HR 5034 is based on the alcohol wholesaler-perpetuated lie that direct shipping of wine and winery to retailer sales leads to minors drinking wine and binge drinking. There is no evidence to support either

10. HR 5034 amounts to alcohol wholesalers declaring war on consumers, wineries, wine shops, the federal courts and free trade.


This is by far, in my opinion the biggest and most blatant attempt at the government trying to establish a monopoly that I have ever seen.

So what can you do?  Contact your local congressperson and let them know that your are against this bill.  I did and it was easy.  I joined “Free the Grapes” and then went here and filled in the info at the bottom of the page and off it went. 

I did it, now you go and do it too!

About Michael Gorton, Jr.

I am a Licensed Funeral Director who is having a love affair with Long Island Wine and the people that make Long Island wine so special. I am married to my wife Melissa and live in Rocky Point. Our first son Gabriel Noel was born on July 27, 2010. We have three cats and one dog.
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