Cider Distribution Rules

State-by-State Cider Distribution Rules For Cider Producers Working Within the Three-Tier System

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There is a long list of complicated requirements to fulfill before you can distribute and sell your cider in any state. It’s harder to know what all those requirements might be.

To help you bring your hard cider to new markets, Sovos ShipCompliant offers this breakdown of some common distribution rules—and how each state applies them.

 

When reviewing this information, keep the following in mind:

  • The rules we’ve compiled here only reflect regulations that a state would impose on a cider supplier located in a different state, looking to enter a new market. They do not include rules on setting up a production plant, or for federal or home-state compliance.
  • This is not a definitive or complete guide. It should be used only as a starting place, to help lead you in the right direction as you expand your distribution. Do not take this as the final word on any regulatory issue.
  • When you actually approach selling in a new state, be sure to consult with someone who can properly interpret how the rules apply to your individual circumstances: your compliance team, your legal counsel or even another cidery located in that state.

And don’t forget that Sovos ShipCompliant offers several tools to help you in this process, with a cloud-based, easy-to-use platform for your licensing, product registration, product management and state filing needs. Sovos provides complete and up-to-date state rules guidance in all ShipCompliant products. You can request a demo anytime.

*State-specific content was last reviewed and is accurate as of 09/20/2022.

Alabama

Alabama defines cider as follows: A fermented alcoholic beverage made from apple juice and containing not more than 8.5 percent alcohol by volume. - 28-3-1(7). Generally, cider is regulated like Table Wine in Alabama.

  • Is Alabama a control state?

    Yes, Alabama is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Alabama?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Alabama.

  • Can an out-of-state cider manufacturer ship direct to consumers in Alabama?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Alabama.

LICENSING

What license does Alabama require for out-of-state suppliers to sell to in-state wholesalers?

Alabama requires out-of-state cideries to hold a Manufacturer or Importer (500 or 510) Type license to sell to Alabama wholesalers.

How much does Alabama charge for the supplier license?

An Alabama Manufacturer/Importer Type license costs $500, plus a $50 initial application fee.

Does a cider supplier need to have money held in bond to obtain a license in Alabama?

Alabama does not require suppliers to hold a bond in the state to apply for a license.

Does Alabama require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Alabama requires that all in-state suppliers' representatives must be registered with the state. However, a supplier is not required to have an official in-state representative to sell to Alabama distributors.

REGISTRATIONS

Does Alabama require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Alabama requires that cider products are registered per label before they can be sold to in-state wholesalers.

Does Alabama require price posting?

No, Alabama does not require posting prices.

Does Alabama require Distributor Agreements to be filed with state regulators?

Yes, Alabama requires Distributor Agreements to be filed with Brand Label Approval.

Does Alabama require territory assignments to be filed with state regulators?

Yes, Alabama requires territory assignments to be filed with Brand Label Approval.

Does Alabama have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Alabama has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Alabama?

In Alabama, no more than three liters of any brand may be provided to a retail licensee who has not purchased that product within the previous six months. Samples may not be provided to state-run retailers.

Are there franchise rules in Alabama that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Alabama Territory Adjustments are restricted.

Does Alabama have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Alabama importers must provide an assignment letter designating from whom wholesalers can purchase.

Does Alabama require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

In Alabama, ciders may only be delivered to the ABC Board, licensed manufacturers, importers, or wholesaler warehouses.

FILINGS

What is Alabama's excise tax rate on sales of cider?

Alabama imposes a tax on cider of $0.45 per liter.

Does Alabama require out-of-state suppliers to remit the excise taxes?

No, Alabama wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Alabama on their sales to in-state wholesalers?

Alabama requires out-of-state cider suppliers to file a monthly report of their sales to Alabama wholesalers, including summaries of invoices. The specific form to use depends on the license type held by the supplier.

Alaska

How does Alaska define "cider"?
No special definition for "cider" is present in Alaska's statutes. Such products are included in the general definition of "alcoholic beverage" as any product intended for human consumption with an ABV of more than 0.5%.

  • Is Alaska a control state?

    No, Alaska is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Alaska?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Alaska.

  • Can an out-of-state cider manufacturer ship direct to consumers in Alaska?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Alaska.

LICENSING

What license does Alaska require for out-of-state suppliers to sell to in-state wholesalers?

Alaska does not require out-of-state cideries to hold a license to sell to licensed wholesalers.

Does a cider supplier need to have money held in bond to obtain a license in Alaska?

Alaska does not require suppliers to hold a bond in the state to apply for a license.

Does Alaska require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Alaska does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Alaska require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Alaska does not require that cider brands/labels be registered with the state.

Does Alaska require price posting?

No, Alaska does not require posting prices.

Does Alaska require Distributor Agreements to be filed with state regulators?

No, Alaska does not require Distributor Agreements to be filed with state regulators.

Does Alaska require territory assignments to be filed with state regulators?

No, Alaska does not require territory assignments to be filed with state regulators.

Does Alaska have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Alaska does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Alaska?

In Alaska, a supplier can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Alaska that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Alaska there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Alaska have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Alaska does not have sourcing restrictions on from whom wholesalers can purchase.

Does Alaska require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

In Alaska, no specific provisions are noted on whether cider has to rest at a wholesaler warehouse before being delivered to retailers. However, only wholesalers may deliver to retail establishments.

FILINGS

What is Alaska's excise tax rate on sales of cider?

In Alaska, ciders with an ABV of 7% or less are taxed at $1.07 per gallon, and ciders with an ABV greater than 7% are taxed at $2.50 per gallon.

Does Alaska require out-of-state suppliers to remit the excise taxes?

No, Alaska wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Alaska on their sales to in-state wholesalers?

Alaska does not require out-of-state cider suppliers to file a report on their sales to wholesalers in the state.

Arizona

How does Arizona define "cider"?
In Arizona, the definition of cider is found within that of wine. "Wine" means the product obtained by the fermentation of grapes, other agricultural products containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent of alcohol by volume. 4-101(39)

  • Is Arizona a control state?

    No, Arizona is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Arizona?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Arizona.

  • Can an out-of-state cider manufacturer ship direct to consumers in Arizona?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Arizona.

LICENSING

What license does Arizona require for out-of-state suppliers to sell to in-state wholesalers?

Arizona requires out-of-state cideries to hold a a Type 2 Out-of-State Producer license to sell to Arizona wholesalers.

How much does Arizona charge for the supplier license?

An Arizona Type 2 Out-of-State Producer license costs $350 initially, and can be renewed for $120. Cideries that produce less than 40,000 gallons per year can instead receive a Type 2W Out-of-State Farm Winery license for $200 initially, and renewed for $170.

Does a cider supplier need to have money held in bond to obtain a license in Arizona?

Arizona does not require suppliers to hold a bond in the state to apply for a license.

Does Arizona require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Arizona does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Arizona require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Arizona does not require that cider brands/labels be registered with the state.

Does Arizona require price posting?

No, Arizona does not require posting prices.

Does Arizona require Distributor Agreements to be filed with state regulators?

No, Arizona does not require Distributor Agreements to be filed with state regulators.

Does Arizona require territory assignments to be filed with state regulators?

No, Arizona does not require territory assignments to be filed with state regulators.

Does Arizona have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Arizona does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Arizona?

In Arizona, a supplier can provide a maximum of three liters as samples to retailers, and only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Arizona that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Arizona there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Arizona have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Arizona a supplier must certify to a wholesaler they are the primary supplier.

Does Arizona require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Arizona deliveries must be unloaded and remain at wholesaler's premises for at least 24 hours.

FILINGS

What is Arizona's excise tax rate on sales of cider?

In Arizona, ciders with an ABV of 7% or less are taxed at $0.16 per gallon, and ciders with an ABV greater than 7% are taxed at $0.84 per gallon.

Does Arizona require out-of-state suppliers to remit the excise taxes?

No, Arizona wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Arizona on their sales to in-state wholesalers?

The Arizona Department of Revenue can require suppliers to provide copies of their invoices upon request.

Arkansas

How does Arkansas define "cider"?
In Arkansas, “hard cider” means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) of alcohol by weight - 3-1-102(4). Generally, cider is regulated like wine in Arkansas.

  • Is Arkansas a control state?

    No, Arkansas is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Arkansas?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Arkansas.

  • Can an out-of-state cider manufacturer ship direct to consumers in Arkansas?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Arkansas, but only if purchased while the customer is on the cidery's premises.

LICENSING

What license does Arkansas require for out-of-state suppliers to sell to in-state wholesalers?

Arkansas requires out-of-state cideries to hold an Out of State Supplier Permit to sell to Arkansas wholesalers. Cideries producing less than 250,000 gallons annually may also apply for a Small Farm Winery permit, which grants additional privileges.

How much does Arkansas charge for the supplier license?

An Arkansas Out of State Supplier Permit costs $50.

Does a cider supplier need to have money held in bond to obtain a license in Arkansas?

Arkansas does not require suppliers to hold a bond in the state to apply for a license.

Does Arkansas require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Arkansas does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Arkansas require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Arkansas requires that cider products are registered per label before they can be sold to in-state wholesalers.

Does Arkansas require price posting?

No, Arkansas does not require posting prices.

Does Arkansas require Distributor Agreements to be filed with state regulators?

Yes, Arkansas requires Distributor Agreements to be filed with state regulators.

Does Arkansas require territory assignments to be filed with state regulators?

No, Arkansas does not require territory assignments to be filed with state regulators. The designated wholesaler shall be the exclusive distributor of that brand label for the entire state.

Does Arkansas have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Arkansas has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers. A wholesaler designated to distribute a brand will be the exclusive distributor of that brand in Arkansas.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Arkansas?

In Arkansas, a supplier can provide a maximum of three liters per brand as samples to retailers, but only to a retailer who has not purchased that brand before.

Are there franchise rules in Arkansas that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Arkansas a supplier may not change the wholesaler registered to distribute a brand label without proving good cause.

Does Arkansas have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Arkansas does not have sourcing restrictions on from whom wholesalers can purchase.

Does Arkansas require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

In Arkansas, no specific provisions are noted on if cider has to come to rest at a wholesaler warehouse before being delivered to retailers. However, only wholesalers may deliver to retail establishments.

FILINGS

What is Arkansas's excise tax rate on sales of cider?

Arkansas imposes a tax on cider of $7.5078 per 31-gallon barrel.

Does Arkansas require out-of-state suppliers to remit the excise taxes?

No, Arkansas wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Arkansas on their sales to in-state wholesalers?

Arkansas requires out-of-state cider suppliers to file a monthly report summarizing their invoices to wholesalers to the Miscellaneous Tax Section.

California

How does California define "cider"?
California does not maintain a specific definition of cider. However, there are references in its statutes to the federal definition of "cider" found in 27 CFR 4.21(e)(5), and that cider is generally regulated as a wine in California, except that licensed beer manufacturers can produce and sell cider under their existing license.

  • Is California a control state?

    No, California is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in California?

    Only licensed instate manufacturers and winegrowers may sell directly to California retailers.

  • Can an out-of-state cider manufacturer ship direct to consumers in California?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in California.

LICENSING

What license does California require for out-of-state suppliers to sell to in-state wholesalers?

California does not require out-of-state cideries to hold a license to sell to wholesalers. However, while non-local cideries are not required to be licensed to have their products sold in the state, only wine Import Licensees may actually bring cider into the state for distribution to wholesalers. Many wholesalers, therefore, also are licensed as importers.

Does California require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, California does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does California require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, California does not require that cider brands/labels be registered with the state.

Does California require price posting?

No, California does not require posting prices.

Does California require Distributor Agreements to be filed with state regulators?

No, California does not require Distributor Agreements to be filed with state regulators.

Does California require territory assignments to be filed with state regulators?

No, California does not require territory assignments to be filed with state regulators.

Does California have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, California does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in California?

In California, suppliers can provide a maximum of one liter per brand as samples to retailers, but only to a retailer who has not purchased that brand before. All samples must be clearly labeled.

Are there franchise rules in California that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in California there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does California have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, California does not have sourcing restrictions on from whom wholesalers can purchase.

Does California require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, California does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is California's excise tax rate on sales of cider?

California imposes a tax on cider of $0.20 per gallon.

Does California require out-of-state suppliers to remit the excise taxes?

No, California wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with California on their sales to in-state wholesalers?

California does not require out-of-state cider suppliers to file a report on their sales to wholesalers in the state.

Colorado

How does Colorado define "cider"?
In Colorado, "hard cider" means an alcohol beverage containing at least one-half of 1% and less than 7% alcohol by volume that is made by fermentation of the natural juice of apples or pears, including but not limited to flavored hard cider and hard cider containing not more than 0.392 gram of carbon dioxide per hundred milliliters. "For the purpose of simplicity of administration of this article, hard cider shall in all respects be treated as a vinous liquor except where expressly provided otherwise." - 47-1-103(20)

  • Is Colorado a control state?

    No, Colorado is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Colorado?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Colorado.

  • Can an out-of-state cider manufacturer ship direct to consumers in Colorado?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Colorado.

LICENSING

What license does Colorado require for out-of-state suppliers to sell to in-state wholesalers?

Colorado requires out-of-state cideries to hold an Importer's License (Vinous & Spiritous Liquor) to sell to Colorado wholesalers.

How much does Colorado charge for the supplier license?

A Colorado Importer's License costs $300, plus a $1,550 initial application fee.

Does a cider supplier need to have money held in bond to obtain a license in Colorado?

Colorado does not require suppliers to hold a bond in the state to apply for a license.

Does Colorado require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Colorado does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Colorado require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Colorado requires that cider products are registered per brand before they can be sold to in-state wholesalers.

Does Colorado require price posting?

No, Colorado does not require posting prices.

Does Colorado require Distributor Agreements to be filed with state regulators?

No, Colorado does not require Distributor Agreements to be filed with state regulators.

Does Colorado require territory assignments to be filed with state regulators?

No, Colorado does not require territory assignments to be filed with state regulators.

Does Colorado have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Colorado does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Colorado?

In Colorado, retailers may be provided with no more than three liters of a particular brand as samples. However, such sampling must be made with the wholesaler present and with no condition that the sampling lead to a purchase by the retailers.

Are there franchise rules in Colorado that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Colorado there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Colorado have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Colorado prohibits any importation of alcohol from any unlicensed importer or any licensee other than the primary source of the supply in the United States, unless said licensee provides proof being the sole source of supply in Colorado.

Does Colorado require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Colorado cider deliveries must come to rest at a wholesaler's instate location.

FILINGS

What is Colorado's excise tax rate on sales of cider?

In Colorado, ciders with an ABV less than 7% are taxed at $0.08 per gallon, and ciders with an ABV of 7% or greater are taxed at $0.0833 per liter.

Does Colorado require out-of-state suppliers to remit the excise taxes?

No, Colorado wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Colorado on their sales to in-state wholesalers?

Colorado does not require out-of-state cider suppliers to file a report on their sales to wholesalers in the state.

Connecticut

How does Connecticut define "cider"?
In Connecticut, the definition of cider is found within that of wine. “Wine” means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, such as grapes or apples or other agricultural products, containing sugar, including fortified wines such as port, sherry and champagne. 30-1(19)

  • Is Connecticut a control state?

    No, Connecticut is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Connecticut?

    Yes, an out-of-state cider manufacturer may self-distribute to retailers in Connecticut, but only for licensed cideries producing not more than 100,000 gallons of cider per year.

  • Can an out-of-state cider manufacturer ship direct to consumers in Connecticut?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Connecticut.

LICENSING

What license does Connecticut require for out-of-state suppliers to sell to in-state wholesalers?

Connecticut requires out-of-state cideries to hold an Out of State Shipper's Permit for Alcoholic Liquor (all products), or Out-of-State Winery Shipper's Permit for Wine (Cider only), to sell to Connecticut wholesalers.

How much does Connecticut charge for the supplier license?

A Connecticut Out-of-State Shipper's Permit for Alcoholic Liquor costs $1,350 initially and $1,250 for renewal. An Out-of-State Shipper's Permit for Wine only costs $415 initially, and $315 for renewal.

Does a cider supplier need to have money held in bond to obtain a license in Connecticut?

Connecticut does not require suppliers to hold a bond in the state to apply for a license.

Does Connecticut require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Connecticut does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Connecticut require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Connecticut requires that cider products are registered per brand before they can be sold to in-state wholesalers.

Does Connecticut require price posting?

Yes, Connecticut requires that suppliers post prices with the DCP.

Does Connecticut require Distributor Agreements to be filed with state regulators?

Yes, Connecticut requires Distributor Agreements to be filed with state regulators.

Does Connecticut require territory assignments to be filed with state regulators?

Yes, Connecticut requires territory assignments to be filed with state regulators.

Does Connecticut have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Connecticut does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers. While wholesalers may only distribute within their designated territory, suppliers may designate multiple distributors in a given territory.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Connecticut?

In Connecticut, a supplier can provide a maximum of one liter per brand as samples to retailers, and only to a party authorized to purchase alcohol from a supplier and who has not sold the brand within the previous 12 months.

Are there franchise rules in Connecticut that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Connecticut there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Connecticut have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Connecticut, if the registrant of a brand label is not the manufacturer, they must include an authorization letter to sell the brand from the manufacturer.

Does Connecticut require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Connecticut cider products must be inventoried by the wholesaler before they can deliver them to a retailer.

FILINGS

What is Connecticut's excise tax rate on sales of cider?

In Connecticut, ciders with an ABV of 7% or less are taxed at $0.24 per gallon (or fraction thereof), and ciders with an ABV greater than 7% are taxed at $0.79 per gallon.

Does Connecticut require out-of-state suppliers to remit the excise taxes?

No, Connecticut wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Connecticut on their sales to in-state wholesalers?

Connecticut requires out-of-state cider suppliers to file the AU-933 Report of Shipments form monthly.

Delaware

How does Delaware define "cider"?
In Delaware, without regard to its usual meaning, and by way of limitation, "alcoholic cider" means any fermented beverage made from apples, containing more than one half of 1% but not more than 7% of ethyl alcohol by volume. For purposes of this title, alcoholic cider shall be treated as within the definition of "wine" unless the specific language of a particular section indicates a contrary intent. 4-101(9)

  • Is Delaware a control state?

    No, Delaware is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Delaware?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Delaware.

  • Can an out-of-state cider manufacturer ship direct to consumers in Delaware?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Delaware, but only under Federal Onsite Orders, which require the Delaware consumer make the purchase while physically present at the cidery's premises and could otherwise have personally imported the cider into Delaware.

LICENSING

What license does Delaware require for out-of-state suppliers to sell to in-state wholesalers?

Delaware requires out-of-state cideries to hold an Out-of-State Supplier License to sell to Delaware wholesalers.

How much does Delaware charge for the supplier license?

A Delaware Out-of-State Supplier License costs $100 if "limited" (shipping 200 or fewer cases annually) or $1,000 if "unlimited" (shipping more than 200 cases per year).

Does a cider supplier need to have money held in bond to obtain a license in Delaware?

Delaware does not require suppliers to hold a bond in the state to apply for a license.

Does Delaware require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Delaware requires suppliers to work with an in-state salesperson who holds a Representative's License.

REGISTRATIONS

Does Delaware require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Delaware does not require that cider brands/labels be registered with the state.

Does Delaware require price posting?

No, Delaware does not require posting prices.

Does Delaware require Distributor Agreements to be filed with state regulators?

Yes, Delaware requires Distributor Agreements to be filed with state regulators.

Does Delaware require territory assignments to be filed with state regulators?

No, Delaware does not require territory assignments to be filed with state regulators.

Does Delaware have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Delaware does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Delaware?

In Delaware, suppliers can provide a three gallon maximum of all products for tax-free samples to retailers. They must be labelled as "SAMPLE FOR TASTING -- NOT FOR SALE."

Are there franchise rules in Delaware that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Delaware there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Delaware have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Delaware has sourcing restrictions on from whom wholesalers can purchase, required by a ruling of the ABC.

Does Delaware require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Delaware cider products must be unloaded and physically stored at a wholesaler's warehouse for 18 hours minimum.

FILINGS

What is Delaware's excise tax rate on sales of cider?

In Delaware, ciders with an ABV of 7% or less are taxed at $0.27 per gallon, and ciders with an ABV greater than 7% are taxed at $1.63 per gallon.

Does Delaware require out-of-state suppliers to remit the excise taxes?

No, Delaware wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Delaware on their sales to in-state wholesalers?

Delaware requires out-of-state cider suppliers to file a monthly Supplier Report.

D.C. (District of Columbia)

How does D.C. define "cider"?
D.C. does not have a specific defintion of cider. However, it generally regulates cider products as a wine (for instance, a wine manufacturer license is required to produce cider in D.C.). “Wine” means an alcoholic beverage containing not more than 21% alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. 25-101(56)

  • Is D.C. a control state?

    No, D.C. is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in D.C.?

    Yes, an out-of-state cider manufacturer may self-distribute to retailers in D.C., but only to holders of an "Importation Permit" where the ABRA has been satisfied that the brands being distributed are not available to that permit holder from another licensee based in the District.

  • Can an out-of-state cider manufacturer ship direct to consumers in D.C.?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in D.C.

LICENSING

What license does D.C. require for out-of-state suppliers to sell to in-state wholesalers?

D.C. does not require out-of-state cideries to hold a license to sell into the district. However, while non-local cideries are not required to be licensed to have their products sold in the District, only parties licensed to import cider into the District may actually bring it in.

Does D.C. require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, D.C. does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does D.C. require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, D.C. does not require that cider brands/labels be registered with the state.

Does D.C. require price posting?

No, D.C. does not require posting prices.

Does D.C. require Distributor Agreements to be filed with state regulators?

No, D.C. does not require Distributor Agreements to be filed with state regulators.

Does D.C. require territory assignments to be filed with state regulators?

No, D.C. does not require territory assignments to be filed with state regulators.

Does D.C. have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, D.C. does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in D.C.?

In D.C., suppliers can provide a maximum of three liters per brand as samples to retailers, and only to a retailer who has not purchased that brand before.

Are there franchise rules in D.C. that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in D.C. there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does D.C. have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, D.C. does not have sourcing restrictions on from whom wholesalers can purchase.

Does D.C. require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, D.C. does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is D.C.'s excise tax rate on sales of cider?

D.C. imposes a tax on cider of $0.30 per gallon.

Does D.C. require out-of-state suppliers to remit the excise taxes?

No, D.C. wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with D.C. on their sales to in-state wholesalers?

D.C. does not require out-of-state cider suppliers to file a report on their sales to wholesalers in the District.

Florida

How does Florida define "cider"?
Florida says: As to cider, which is made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including but not limited to flavored, sparkling, or carbonated cider and cider made from condensed apple or pear must, that contain not less than one-half of 1 percent of alcohol by volume and not more than 7 percent of alcohol by volume, there shall be paid by all manufacturers and distributors a tax at the rate of $.89 per gallon. With the sole exception of the excise tax rate, cider shall be considered wine and shall be subject to the provisions of this chapter. - 564.06(4)

  • Is Florida a control state?

    No, Florida is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Florida?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Florida.

  • Can an out-of-state cider manufacturer ship direct to consumers in Florida?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Florida.

LICENSING

What license does Florida require for out-of-state suppliers to sell to in-state wholesalers?

Floria requires out-of-state cideries to register as the Primary American Source of Supply to sell a product to Florida wholesalers.

How much does Florida charge for the supplier license?

Florida charges suppliers $15 per individual COLA for which they are registering as the Primary American Source of Supply.

Does Florida require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Florida does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Florida require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Florida requires that cider products are registered per label before they can be sold to in-state wholesalers. This is done as part of the supplier's initial registration with the state.

Does Florida require price posting?

No, Florida does not require suppliers to post pricing.

Does Florida require Distributor Agreements to be filed with state regulators?

No, Florida does not require Distributor Agreements to be filed with state regulators.

Does Florida require territory assignments to be filed with state regulators?

No, Florida does not require territory assignments to be filed with state regulators.

Does Florida have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Florida does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Florida?

In Florida, suppliers can provide a maximum of three liters per brand as samples to retailers, but only to a retailer who has not purchased that brand before.

Are there franchise rules in Florida that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

In Florida, suppliers can provide a maximum of three liters per brand as samples to retailers, but only to a retailer who has not purchased that brand before.

Does Florida have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Florida has sourcing restrictions on from whom wholesalers can purchase.

Does Florida require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Florida cider products may be delivered only to a licensed Florida manufacturer, distributor, or exporter.

FILINGS

What is Florida's excise tax rate on sales of cider?

In Florida, ciders with an ABV of 7% or less are taxed at $0.89 per gallon, and ciders with an ABV greater than 7% are taxed at $2.25 per gallon.

Does Florida require out-of-state suppliers to remit the excise taxes?

No, Florida wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Florida on their sales to in-state wholesalers?

Florida requires out-of-state cider suppliers to file the 4000A-125-2 Wines Shipped to/within Florida form monthly.

Georgia

How does Georgia define "cider"?
In Georgia, "hard cider" means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include "sweet cider." -3-1-2(10.1)

What are the rules in Georgia for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Georgia, a cider that exceeds the 6% ABV threshold or otherwise does not meet the state's definition of "hard cider" will be regulated as a wine.

  • Is Georgia a control state?

    No, Georgia is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Georgia?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Georgia.

  • Can an out-of-state cider manufacturer ship direct to consumers in Georgia?

    No, an out-of-state cider manufacturer may not ship direct to consumers in Georgia.

LICENSING

What license does Georgia require for out-of-state suppliers to sell to in-state wholesalers?

Georgia requires out-of-state cideries to hold a Brewery License to sell to Georgia wholesalers.

How much does Georgia charge for the supplier license?

A Georgia Brewery License costs $1,000.

Does Georgia require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Georgia requires applicants for a Brewery License to hold $5,000 corporate bond in the state.

Does Georgia require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Georgia requires suppliers to work with an in-state salesperson who is registered with the Department of Revenue and holds a Solicitor's Permit.

REGISTRATIONS

Does Georgia require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Georgia requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Georgia require price posting?

No, Georgia does not require posting prices.

Does Georgia require Distributor Agreements to be filed with state regulators?

Yes, Georgia requires Distributor Agreements to be filed with state regulators.

Does Georgia require territory assignments to be filed with state regulators?

Yes, Georgia requires territory assignments to be filed with state regulators.

Does Georgia have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Georgia does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Georgia?

In Georgia, it is not permitted for suppliers to provide samples to retailers.

Are there franchise rules in Georgia that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Georgia there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Georgia have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Georgia does not have sourcing restrictions on from whom wholesalers can purchase. However, if you are not the brand owner, a letter of authority is required to register the brand.

Does Georgia require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Georgia cider products must be delivered to a wholesaler's warehouse.

FILINGS

What is Georgia's excise tax rate on sales of cider?

In Georgia, ciders with an ABV of 6% or less are taxed as beer at $10 per 31-gallon container, and ciders with an ABV greater than 6% are taxed as wine at $0.40 per liter.

Does Georgia require out-of-state suppliers to remit the excise taxes?

No, Georgia wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Georgia on their sales to in-state wholesalers?

Georgia requires out-of-state cider suppliers to file the ATT-29 form monthly.

Hawaii

How does Hawaii define "cider"?
Hawaii does not have a specific definition of cider. However, the definition of "wine" (281-1) notes that any product meeting the definition of "wine" in the United States Revenue Act of 1918 is regulated as a wine in Hawaii, which would include ciders.

  • Is Hawaii a control state?

    No, Hawaii is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Hawaii?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Hawaii.

  • Can an out-of-state cider manufacturer ship direct to consumers in Hawaii?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Hawaii.

LICENSING

What license does Hawaii require for out-of-state suppliers to sell to in-state wholesalers?

Hawaii does not require out-of-state cideries to hold a license to sell to Hawaii wholesalers.

Does Hawaii require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Hawaii does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Hawaii require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Hawaii does not require that cider brands/labels be registered with the state. However, Honolulu county appreciates being notified of new products.

Does Hawaii require price posting?

No, Hawaii does not require posting prices.

Does Hawaii require Distributor Agreements to be filed with state regulators?

No, Hawaii does not require Distributor Agreements to be filed with state regulators.

Does Hawaii require territory assignments to be filed with state regulators?

No, Hawaii does not require Distributor Agreements to be filed with state regulators.

Does Hawaii have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Hawaii does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers. 

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Hawaii?

In Hawaii, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in last 12 months.

Are there franchise rules in Hawaii that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Hawaii there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Hawaii have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Hawaii, importing licensees may only purchase or receive wine from the primary source of supply.

Does Hawaii require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Hawaii all products must be delivered to a Hawaii wholesaler's warehouse and held there for at least 48 hours.

FILINGS

What is Hawaii's excise tax rate on sales of cider?

Hawaii imposes a tax on cider of $1.38 per gallon.

Does Hawaii require out-of-state suppliers to remit the excise taxes?

No, Hawaii wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Hawaii on their sales to in-state wholesalers?

Hawaii does not require out-of-state cider suppliers to file a report on their sales to wholesalers in the state.

Idaho

How does Idaho define "cider"?
Idaho does not have a specific definition of cider. However, cider generally will fall under the definition of Table Wine, which has been confirmed by the Idaho ABC: "Table wine" shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. - 23-1303(1)(k)

  • Is Idaho a control state?

    Yes, Idaho is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Idaho?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Idaho.

  • Can an out-of-state cider manufacturer ship direct to consumers in Idaho?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Idaho.

LICENSING

What license does Idaho require for out-of-state suppliers to sell to in-state wholesalers?

Idaho does not require out-of-state cideries to hold a license to sell to Idaho wholesalers, but before shipping into the state, suppliers must send an appointment letter to the ABC detailing their Idaho wholesaler(s), including their assigned territories.

Does Idaho require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Idaho does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Idaho require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Idaho does not require that cider brands/labels be registered with the state.

Does Idaho require price posting?

No, Idaho does not require that cider brands/labels be registered with the state.

Does Idaho require Distributor Agreements to be filed with state regulators?

Yes, Idaho requires Distributor Agreements to be filed with state regulators.

Does Idaho require territory assignments to be filed with state regulators?

No, Idaho does not require territory assignments to be filed with state regulators.

Does Idaho have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Idaho does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Idaho?

In Idaho, for wines with an ABV of less than 16%, suppliers can provide samples to retailers of only one container, of no more than 64 oz in size, of a product not currently sold by the retailer. It must be clearly marked as "Not for Sale - For Sampling Purposes Only."

Are there franchise rules in Idaho that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Idaho there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Idaho have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Idaho does not have sourcing restrictions on from whom wholesalers can purchase.

Does Idaho require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Idaho wholesalers may only sell and distribute wines that have been unloaded, stored, and maintained in their warehouse.

FILINGS

What is Idaho's excise tax rate on sales of cider?

Idaho imposes a tax on cider of $0.45 per gallon.

Does Idaho require out-of-state suppliers to remit the excise taxes?

No, Idaho wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Idaho on their sales to in-state wholesalers?

Idaho does not require out-of-state cider suppliers to file a report on their sales to wholesalers in the state.

Illinois

How does Illinois define "cider"?
Except for tax purposes, Illinois does not have a specific definition of cider. However, as a fruit-based product, cider would generally fit in the definition of "wine" (235 ILCS 1-3.-03), and the Illinois Liquor Commission has confirmed that ciders can be sold as wines if they are classified as such under federal law.

  • Is Illinois a control state?

    No, Illinois is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Illinois?

    This is only permitted to holders of a valid Wine Shipper's license that do not produce more than 25,000 gallons of cider annually solely or combined in affiliation with any other group, and do not sell more than 5,000 gallons to retailers annually, may self-distribute to retailers in Illinois.

  • Can an out-of-state cider manufacturer ship direct to consumers in Illinois?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Illinois.

LICENSING

What license does Illinois require for out-of-state suppliers to sell to in-state wholesalers?

Illinois requires out-of-state cideries to hold a Non-Resident Dealer license to sell to Illinois wholesalers.

How much does Illinois charge for the supplier license?

An Illinois Non-Resident Dealer license costs $1,500 for suppliers producing 500,000 or more gallons per year or $350 for suppliers producing less than 500,000 gallons per year. Renewal fees may be discounted if processed online.

Does a cider supplier need to have money held in bond to obtain a license in Illinois?

Illinois does not require suppliers to hold a bond in the state to apply for a license.

Does Illinois require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Illinois requires a supplier's in-state salesperson to hold a Manufacturer's Registered Agent license when representing the supplier in the state.

REGISTRATIONS

Does Illinois require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Illinois requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Illinois require price posting?

No, Illinois does not require posting prices.

Does Illinois require Distributor Agreements to be filed with state regulators?

Yes, Illinois requires Distributor Agreements to be filed with state regulators.

Does Illinois require territory assignments to be filed with state regulators?

Yes, Illinois requires territory assignments to be filed with state regulators.

Does Illinois have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Illinois does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Illinois?

In Illinois, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in last 12 months.

Are there franchise rules in Illinois that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Illinois there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements. But when terminating an agreement, the supplier must file a "Withdrawal of Registration" form with all parties involved.

Does Illinois have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Illinois wholesalers may only purchase or receive wine from the primary source of supply.

Does Illinois require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Illinois requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Illinois's excise tax rate on sales of cider?

In Illinois, ciders with an ABV of 7% or less are taxed at $0.231 per gallon, and ciders with an ABV greater than 7% are taxed at $1.39 per gallon.

Does Illinois require out-of-state suppliers to remit the excise taxes?

No, Illinois wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Illinois on their sales to in-state wholesalers?

Illinois requires out-of-state cider suppliers to file the RL-26-L Out-of-State Seller's Shipment Report.

Indiana

How does Indiana define "cider"?
In Indiana, the term "hard cider" means an alcoholic beverage that: (1) is made from the normal alcoholic fermentation of the juice of sound, ripe apples; and (2) contains at least one-half of one percent (0.5%) of alcohol by volume and not more than seven percent (7%) of alcohol by volume. - 7.1.-1-3-9.5. However, within the definition of wine, Indiana statutes note that "The term includes hard cider, except for alcoholic beverage tax purposes." - 7.1-1-3-49

  • Is Indiana a control state?

    No, Indiana is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Indiana?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Indiana.

  • Can an out-of-state cider manufacturer ship direct to consumers in Indiana?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Indiana.

LICENSING

What license does Indiana require for out-of-state suppliers to sell to in-state wholesalers?

Indiana requires out-of-state cideries to register annually as the Primary Source Supplier for their products in order to sell to Indiana wholesalers.

How much does Indiana charge for the supplier license?

Indiana does not charge a fee for a Primary Source Supplier registration.

Does a cider supplier need to have money held in bond to obtain a license in Indiana?

Indiana does not require suppliers to hold a bond in the state to apply for a license.

Does Indiana require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Indiana requires suppliers to employ at least one salesperson who is registered in the state.

REGISTRATIONS

Does Indiana require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Indiana does not require that cider brands/labels be registered with the state.

Does Indiana require price posting?

No, Indiana does not require posting prices.

Does Indiana require Distributor Agreements to be filed with state regulators?

Yes, Indiana requires Distributor Agreements to be filed with state regulators. They must be included with the initial license application.

Does Indiana require territory assignments to be filed with state regulators?

No, Indiana does not require territory assignments to be filed with state regulators.

Does Indiana have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Indiana does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Indiana?

In Indiana, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Indiana that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Indiana there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Indiana have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Indiana has sourcing restrictions on from whom wholesalers can purchase. 

Does Indiana require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Indiana requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Indiana's excise tax rate on sales of cider?

In Indiana, ciders with an ABV of 7% or less are taxed at $0.115 per gallon, and ciders with an ABV greater than 7% are taxed at $0.47 per gallon.

Does Indiana require out-of-state suppliers to remit the excise taxes?

No, Indiana wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Indiana on their sales to in-state wholesalers?

Indiana requires out-of-state cider suppliers to file a Primary Source Suppliers Report monthly.

Iowa

How does Iowa define "cider"?
Iowa's regulation of a cider product depends on its ABV. If under 6.25%, cider is included in the definition of “Beer” (IA Code 123-3(7)), whereas cider with an ABV of 6.25% or greater is included in the definition of "Wine" (IA Code 123-3-(54)).

What are the rules in Iowa for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Iowa, ciders that exceed the 6.25% ABV threshold will be regulated as a wine.

  • Is Iowa a control state?

    Yes, Iowa is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Iowa?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Iowa.

  • Can an out-of-state cider manufacturer ship direct to consumers in Iowa?

    No, an out-of-state cider manufacturer may not ship ciders with an ABV of 6.25% or less direct to consumers in Iowa.

LICENSING

What license does Iowa require for out-of-state suppliers to sell to in-state wholesalers?

Iowa requires out-of-state cideries to hold a Brewer's Certificate of Compliance to sell ciders with an ABV of 6.25% or less to Iowa wholesalers.

How much does Iowa charge for the supplier license?

An Iowa Brewer's Certificate of Compliance costs $500.

Does a cider supplier need to have money held in bond to obtain a license in Iowa?

Iowa does not require suppliers to hold a bond in the state to apply for a license.

Does Iowa require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Iowa requires suppliers to employ at least one in-state representative who must be listed on their license application.

REGISTRATIONS

Does Iowa require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Iowa requires that cider products are registered per brand before they can be sold to in-state wholesalers. 

Does Iowa require price posting?

No, Iowa does not require posting prices.

Does Iowa require Distributor Agreements to be filed with state regulators?

Yes, Iowa requires Distributor Agreements to be filed with state regulators.

Does Iowa require territory assignments to be filed with state regulators?

Yes, Iowa requires territory assignments to be filed with state regulators.

Does Iowa have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Iowa does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Iowa?

In Iowa, suppliers can provide a maximum of three gallons as samples to retailers, but only of a brand that the retailer has never purchased before.

Are there franchise rules in Iowa that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Iowa there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Iowa have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Iowa does not have sourcing restrictions on from whom wholesalers can purchase.

Does Iowa require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Iowa products must "come to rest" at an Iowa-based warehouse.

FILINGS

What is Iowa's excise tax rate on sales of cider?

Iowa taxes ciders with an ABV of 6.25% or less as beer, at a rate of 0.19 per gallon.

Does Iowa require out-of-state suppliers to remit the excise taxes?

No, Iowa wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Iowa on their sales to in-state wholesalers?

Iowa requires out-of-state cider suppliers to file the CB-1 and CB-2 Report monthly for ciders with an ABV less than 6.25%.

Kansas

How does Kansas define "cider"?
In Kansas, "hard cider" means any alcoholic beverage that: (1) Contains less than 8.5% alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (3) is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies - 41-102(o). However, under the Kansas definition of wine: The term "wine" shall include hard cider and any other product that is commonly known as a subset of wine. - 41-102(kk)

  • Is Kansas a control state?

    No, Kansas is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Kansas?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Kansas.

  • Can an out-of-state cider manufacturer ship direct to consumers in Kansas?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Kansas.

LICENSING

What license does Kansas require for out-of-state suppliers to sell to in-state wholesalers?

Kansas requires out-of-state cideries to hold a Supplier Permit to sell to Kansas wholesalers.

How much does Kansas charge for the supplier license?

A Kansas Supplier Permit costs $25.

Does a cider supplier need to have money held in bond to obtain a license in Kansas?

Kansas does not require suppliers to hold a bond in the state to apply for a license.

Does Kansas require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Kansas does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Kansas require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Kansas requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Kansas require price posting?

Yes, Kansas requires suppliers to regularly post their prices with the state.

Does Kansas require Distributor Agreements to be filed with state regulators?

Yes, Kansas requires Distributor Agreements to be filed with state regulators.

Does Kansas require territory assignments to be filed with state regulators?

Yes, Kansas requires territory assignments to be filed with state regulators.

Does Kansas have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Kansas has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Kansas?

In Kansas, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Kansas that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Kansas there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Kansas have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Kansas wholesalers may only receive wine from the primary source or other Kansas wholesalers.

Does Kansas require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Kansas requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Kansas's excise tax rate on sales of cider?

Kansas imposes a tax on cider of $0.30 per gallon.

Does Kansas require out-of-state suppliers to remit the excise taxes?

No, Kansas wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Kansas on their sales to in-state wholesalers?

Kansas requires out-of-state cider suppliers to file the ABC-1003 Monthly Report of Shipments to Distributors.

Kentucky

How does Kentucky define "cider"?
In Kentucky, "cider" means any fermented fruit-based beverage containing seven percent (7%) or more alcohol by volume and includes hard cider and perry cider - 241-010(13). However, under the Kentucky definition of wine: [wine] includes sake, cider, hard cider, and perry cider. - 241-010(74)

  • Is Kentucky a control state?

    No, Kentucky is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Kentucky?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Kentucky.

  • Can an out-of-state cider manufacturer ship direct to consumers in Kentucky?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Kentucky.

LICENSING

What license does Kentucky require for out-of-state suppliers to sell to in-state wholesalers?

Kentucky requires out-of-state cideries to hold an Out-of-State Distilled Spirits and Wine Supplier's License to sell to Kentucky wholesalers.

How much does Kentucky charge for the supplier license?

A Kentucky Out-of-State Supplier's License costs $1,550 per year if importing more than 50,000 gallons annually into the state or $260 per year if importing 50,000 gallons or less.

Does a cider supplier need to have money held in bond to obtain a license in Kentucky?

Kentucky does not require suppliers to hold a bond in the state to apply for a license.

Does Kentucky require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Kentucky requires salespersons employed by a supplier to hold a Special Agent or Solicitor's License when soliciting orders in the state.

REGISTRATIONS

Does Kentucky require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Kentucky requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Kentucky require price posting?

No, Kentucky does not require posting prices.

Does Kentucky require Distributor Agreements to be filed with state regulators?

Yes, Kentucky requires that designated wholesalers must register their consent to distribute each label that is registered.

Does Kentucky require territory assignments to be filed with state regulators?

Yes, Kentucky requires territory assignments to be filed with state regulators.

Does Kentucky have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Kentucky does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Kentucky?

In Kentucky, only approved representatives may provide samples to retailers. They must receive samples from designated wholesalers and may not have in their possession at any one time more than 32 oz. of any one brand, or three gallons of all brands. All bottles must be labeled as "Sample - Not for Sale."

Are there franchise rules in Kentucky that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Kentucky there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Kentucky have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Kentucky only the primary source may register a label.

Does Kentucky require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Kentucky products must be delivered to a wholesaler's warehouse and remain there for at least 24 hours.

FILINGS

What is Kentucky's excise tax rate on sales of cider?

In Kentucky, ciders with an ABV less than 7% are taxed at $2.50 per 31-gallon barrel, and ciders with an ABV of 7% or greater are taxed at $0.50 per gallon.

Does Kentucky require out-of-state suppliers to remit the excise taxes?

No, Kentucky wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Kentucky on their sales to in-state wholesalers?

Kentucky requires out-of-state cider suppliers to file the 73A530 Consignor's Report of Alcoholic Beverages Shipped.

Louisiana

How does Louisiana define "cider"?
Louisiana does not have a specific definition of cider. However, cider products would fall under the general definition of wine: "Still wine" means any non-effervescent alcoholic beverage derived from the juice of any fruit, or synthesis thereof. - 26:2(24)

  • Is Louisiana a control state?

    Louisiana does not have a specific definition of cider. However, cider products would fall under the general definition of wine: "Still wine" means any non-effervescent alcoholic beverage derived from the juice of any fruit, or synthesis thereof. - 26:2(24)

  • Can an out-of-state cider manufacturer self-distribute to retailers in Louisiana?

    No, Louisiana is not a control state.

  • Can an out-of-state cider manufacturer ship direct to consumers in Louisiana?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Louisiana.

LICENSING

What license does Louisiana require for out-of-state suppliers to sell to in-state wholesalers?

Louisiana requires out-of-state cideries to hold an Out-of-State Manufacturer/Supplier Permit to sell to Louisiana wholesalers.

How much does Louisiana charge for the supplier license?

A Louisiana Out-of-State Manufacturer/Supplier Permit costs $200 if selling less than 1,000 cases per year in the state or $1,000 if selling 1,000 cases or more per year.

Does a cider supplier need to have money held in bond to obtain a license in Louisiana?

Louisiana does not require suppliers to hold a bond in the state to apply for a license.

Does Louisiana require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Louisiana requires salespersons employed by a supplier to hold a Solicitor/Broker Permit.

REGISTRATIONS

Does Louisiana require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Louisiana requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Louisiana require price posting?

No, Louisiana does not require posting prices.

Does Louisiana require Distributor Agreements to be filed with state regulators?

No, Louisiana does not require Distributor Agreements to be filed with state regulators.

Does Louisiana require territory assignments to be filed with state regulators?

No, Louisiana does not require territory assignments to be filed with state regulators.

Does Louisiana have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Louisiana does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Louisiana?

In Louisiana, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Louisiana that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

In Louisiana, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Does Louisiana have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Louisiana does not have sourcing restrictions on from whom wholesalers can purchase.

Does Louisiana require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Louisiana requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Louisiana's excise tax rate on sales of cider?

In Louisiana, ciders with an ABV of 6% or less are taxed at $12.50 per 31-gallon barrel, and ciders with an ABV greater than 6% are taxed at $0.20 per liter.

Does Louisiana require out-of-state suppliers to remit the excise taxes?

No, Louisiana wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Louisiana on their sales to in-state wholesalers?

Louisiana requires out-of-state cider suppliers to file a monthly report detailing each shipment made.

Maine

How does Maine define "cider"?
In Maine, "hard cider" means liquor produced by fermentation of the juice of apples, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 7% alcohol by volume. - 28A-1-2(12-A). Maine has confirmed that generally ciders are regulated as wines.

  • Is Maine a control state?

    Yes, Maine is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Maine?

    Only parties licensed as a Small Winery (who may not produce more than 50,000 gallons annually) may self-distribute to retailers in Maine.

  • Can an out-of-state cider manufacturer ship direct to consumers in Maine?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Maine.

LICENSING

What license does Maine require for out-of-state suppliers to sell to in-state wholesalers?

Maine requires out-of-state cideries to hold a Certificate of Approval to sell to Maine wholesalers.

How much does Maine charge for the supplier license?

A Maine Certficiate of Approval costs $1,000, or $120 if shipping only 120 gallons or less per year into the state.

Does a cider supplier need to have money held in bond to obtain a license in Maine?

Maine does not require suppliers to hold a bond in the state to apply for a license.

Does Maine require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Maine requires salespersons employed by a supplier to hold a Sales Representative License.

REGISTRATIONS

Does Maine require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Maine requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Maine require price posting?

Yes, Maine requires suppliers to regularly post their prices with the state.

Does Maine require Distributor Agreements to be filed with state regulators?

Yes, Maine requires Distributor Agreements to be filed with state regulators.

Does Maine require territory assignments to be filed with state regulators?

Yes, Maine requires territory assignments to be filed with state regulators.

Does Maine have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Maine has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Maine?

In Maine, suppliers can provide a maximum of nine liters as samples to a retail licensee per year. The samples must be labeled as samples and taxes must be paid.

Are there franchise rules in Maine that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Maine there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Maine have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Maine has sourcing restrictions on from whom wholesalers can purchase.

Does Maine require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Maine requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Maine's excise tax rate on sales of cider?

In Maine, ciders with an ABV of 7% or less are taxed at $0.35 per gallon, and ciders with an ABV greater than 7% are taxed at $0.60 per gallon.

Does Maine require out-of-state suppliers to remit the excise taxes?

No, Maine wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Maine on their sales to in-state wholesalers?

Maine requires out-of-state cider suppliers to file the Report of Wine Shipments.

Maryland

How does Maryland define "cider"?
In Maryland, the definition of cider is found within that of beer. “Beer” includes: . . . (iv) hard cider that: 1. is derived primarily from apples, apple concentrate and water, pears, or pear concentrate and water; and 2. contains no other fruit product but contains at least one–half of 1% and less than 8.5% of alcohol by volume. - MD Alc Bev Code 1-101(c)(2)

What are the rules in Maryland for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Maryland, apple wines or other fruit-based alcoholic beverages that exceed the 8.5% ABV threshold may be regulated as a wine, following how they are defined by the TTB.

  • Is Maryland a control state?

    No, Maryland is not a control state, though Montgomery County does operate a local control system. However, ciders would be sold in the private sector in Montgomery County.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Maryland?

    Yes, holders of a Nonresident Brewery Permit may directly sell up to 3,000 barrels annually to Maryland retailers.

  • Can an out-of-state cider manufacturer ship direct to consumers in Maryland?

    No, an out-of-state cider manufacturer may not ship direct to consumers in Maryland.

LICENSING

What license does Maryland require for out-of-state suppliers to sell to in-state wholesalers?

Maryland requires out-of-state cideries to hold a Nonresident Dealer Permit or Nonresident Brewery Permit (for those producing less than 22,500 barrels per year) to sell to Maryland wholesalers.

How much does Maryland charge for the supplier license?

A Maryland Nonresident Dealer Permit costs $200. Alternatively, a Nonresident Brewery Permit is available for $50, but only for suppliers producing less than 22,500 barrels annually, and only permitting no more than 3,000 barrels to be sold into Maryland annually.

Does a cider supplier need to have money held in bond to obtain a license in Maryland?

Maryland requires applicants for a Nonresident Dealer Permit to hold a $5,000 bond in the state, or a $1,000 bond for Nonresident Brewery Permit applicants.

Does Maryland require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Maryland requires salespersons employed by a supplier to hold a Solicitor License.

REGISTRATIONS

Does Maryland require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Maryland requires salespersons employed by a supplier to hold a Solicitor License.

Does Maryland require price posting?

No, Maryland does not require posting prices.

Does Maryland require Distributor Agreements to be filed with state regulators?

Yes, Maryland requires Distributor Agreements to be filed with state regulators.

Does Maryland require territory assignments to be filed with state regulators?

Yes, Maryland requires territory assignments to be filed with state regulators.

Does Maryland have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Maryland does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Maryland?

In Maryland, only wholesalers or licensed supplier representatives may provide samples to retailers.

Are there franchise rules in Maryland that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Maryland there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Maryland have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Maryland there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Maryland require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Maryland products must be delivered and unloaded at a wholesaler's licensed premises.

FILINGS

What is Maryland's excise tax rate on sales of cider?

Yes, in Maryland products must be delivered and unloaded at a wholesaler's licensed premises.

Does Maryland require out-of-state suppliers to remit the excise taxes?

Yes, Maryland requires out-of-state cider makers to remit themselves the excise tax on ciders they sell into the state.

What follow-up reports are out-of-state suppliers required to file with Maryland on their sales to in-state wholesalers?

Maryland requires out-of-state cider suppliers to file the 323 and 324 Report monthly.

Massachusetts

How does Massachusetts define "cider"?
Massachusetts does not have a specific definition of cider, but cider is mentioned in the state's statutory definition of wine (138-1), and is generally regulated as a wine in the state.
What are the rules in Maryland for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Maryland, apple wines or other fruit-based alcoholic beverages that exceed the 8.5% ABV threshold may be regulated as a wine, following how they are defined by the TTB.

  • Is Massachusetts a control state?

    No, Massachusetts is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Massachusetts?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Massachusetts.

  • Can an out-of-state cider manufacturer ship direct to consumers in Massachusetts?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Massachusetts.

LICENSING

What license does Massachusetts require for out-of-state suppliers to sell to in-state wholesalers?

Massachusetts requires out-of-state cideries to hold a  Certificate of Compliance to sell to Massachusetts wholesalers.

How much does Massachusetts charge for the supplier license?

A Massachusetts Certificate of Compliance costs $500 if selling more than 5,000 cases annually in the state, or $200 if selling 5,000 or fewer cases annually.

Does a cider supplier need to have money held in bond to obtain a license in Massachusetts?

A Massachusetts Certificate of Compliance costs $500 if selling more than 5,000 cases annually in the state, or $200 if selling 5,000 or fewer cases annually.

Does Massachusetts require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Massachusetts requires salespersons employed by a supplier to hold a Broker's License and must be a resident of Massachusetts.

REGISTRATIONS

Does Massachusetts require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Massachusetts does not require that cider brands/labels be registered with the state.

Does Massachusetts require price posting?

Yes, Massachusetts requires suppliers to regularly post their prices with the state.

Does Massachusetts require Distributor Agreements to be filed with state regulators?

No, Massachusetts does not require Distributor Agreements to be filed with state regulators.

Does Massachusetts require territory assignments to be filed with state regulators?

No, Massachusetts does not require territory assignments to be filed with state regulators.

Does Massachusetts have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Massachusetts does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Massachusetts?

In Massachusetts, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Massachusetts that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Massachusetts there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Massachusetts have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Massachusetts wholesalers may only purchase from Primary American Sources, or parties authorized by the Primary American source.

Does Massachusetts require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Massachusetts wholesalers may only purchase from Primary American Sources, or parties authorized by the Primary American source.

FILINGS

What is Massachusetts's excise tax rate on sales of cider?

In Massachusetts, ciders with an ABV of 6% or less are taxed at $0.03 per gallon, and ciders with an ABV greater than 6% are taxed at $0.55 per gallon.

Does Massachusetts require out-of-state suppliers to remit the excise taxes?

No, Massachusetts wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Massachusetts on their sales to in-state wholesalers?

Massachusetts requires out-of-state cider suppliers to file the AB-10 Report of Alcoholic Beverages Shipped.

Michigan

How does Michigan define "cider"?
In Michigan, "wine" means the product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or any other fruit with the usual cellar treatment, and containing not more than 21% of alcohol by volume, including cider made from apples or pears, or both, which contains at least 1/2 of 1% of alcohol by volume, or mead or honey wine made from honey, fermented fruit juices other than grapes, and mixed wine drinks. - 436-1113(9)

  • Is Michigan a control state?

    Yes, Michigan is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Michigan?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Michigan.

  • Can an out-of-state cider manufacturer ship direct to consumers in Michigan?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Michigan.

LICENSING

What license does Michigan require for out-of-state suppliers to sell to in-state wholesalers?

Michigan requires out-of-state cideries to hold an Outstate Seller of Wine license to sell to Michigan wholesalers.

How much does Michigan charge for the supplier license?

A Michigan Outstate Seller of Wine license costs $300.

Does a cider supplier need to have money held in bond to obtain a license in Michigan?

Michigan requires Outstate Seller of Wine applicants to hold a $1,000 corporate bond in the state.

Does Michigan require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Michigan requires Outstate Seller of Wine applicants to hold a $1,000 corporate bond in the state.

REGISTRATIONS

Does Michigan require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Michigan requires that cider products are registered per brand before they can be sold to in-state wholesalers. 

Does Michigan require price posting?

Yes, Michigan requires suppliers to regularly post their prices with the state.

Does Michigan require Distributor Agreements to be filed with state regulators?

Yes, Michigan requires suppliers to regularly post their prices with the state.

Does Michigan require territory assignments to be filed with state regulators?

No, Michigan does not require territory assignments to be filed with state regulators.

Does Michigan have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Michigan has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Michigan?

In Michigan, suppliers can provide one sample bottle of a product to retailers. It must be properly labeled as a sample.

Are there franchise rules in Michigan that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

In Michigan, suppliers can provide one sample bottle of a product to retailers. It must be properly labeled as a sample.

Does Michigan have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Michigan, state guidelines support having sourcing restrictions on from whom wholesalers can purchase, although there is no statutory requirement.

Does Michigan require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in Michigan, state guidelines support having sourcing restrictions on from whom wholesalers can purchase, although there is no statutory requirement.

FILINGS

What is Michigan's excise tax rate on sales of cider?

Michigan imposes a tax on cider of $0.135 per liter.

Does Michigan require out-of-state suppliers to remit the excise taxes?

No, Michigan wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Michigan on their sales to in-state wholesalers?

Michigan requires out-of-state cider suppliers to file the LCC-3023 Out State Sellers Monthly Report.

Minnesota

How does Minnesota define "cider"?
In Minnesota, "wine" is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as defined in subdivision 9. - 340A.101

  • Is Minnesota a control state?

    No, Minnesota is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Minnesota?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Minnesota.

  • Can an out-of-state cider manufacturer ship direct to consumers in Minnesota?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Minnesota.

LICENSING

What license does Minnesota require for out-of-state suppliers to sell to in-state wholesalers?

A Minnesota Importer's License costs $420.

How much does Minnesota charge for the supplier license?

Minnesota does not require suppliers to hold a bond in the state to apply for a license.

Does a cider supplier need to have money held in bond to obtain a license in Minnesota?

Yes, Minnesota requires salespersons employed by a supplier to hold an Importer's Representative license.

Does Minnesota require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Minnesota requires salespersons employed by a supplier to hold an Importer's Representative license.

REGISTRATIONS

Does Minnesota require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Minnesota requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Minnesota require price posting?

No, Minnesota does not require posting prices.

Does Minnesota require Distributor Agreements to be filed with state regulators?

No, Minnesota does not require Distributor Agreements to be filed with state regulators. However, assigned wholesalers must be listed on the license application.

Does Minnesota require territory assignments to be filed with state regulators?

No, Minnesota does not require territory assignments to be filed with state regulators.

Does Minnesota have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Minnesota does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Minnesota?

In Minnesota, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Minnesota that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Minnesota there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Minnesota have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Minnesota brands may be only registered by primary sources or their authorized agent. Wholesalers may only purchase from brand registrants.

Does Minnesota require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, Minnesota does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Minnesota's excise tax rate on sales of cider?

In Minnesota, ciders with an ABV of 7% or less are taxed at $0.15 per gallon, and ciders with an ABV greater than 7% are taxed at $0.30 per gallon plus $0.01 per bottle.

Does Minnesota require out-of-state suppliers to remit the excise taxes?

No, Minnesota wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Minnesota on their sales to in-state wholesalers?

Minnesota requires out-of-state cider suppliers to file the LB37 Distilled Spirits And Wines Shipped.

Mississippi

How does Mississippi define "cider"?
Mississippi does not have a specific definition of cider. However, ciders would generally fall within the state's definition of "wine," being "any product obtained from the alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries and made in accordance with the revenue laws of the United States." - 67-1-5(d)

  • Is Mississippi a control state?

    Yes, Mississippi is a control state for all wine products (including ciders) with an ABW greater than 5%. "Light wines," however, are sold in the private sector under the rules set out here.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Mississippi?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Mississippi.

  • Can an out-of-state cider manufacturer ship direct to consumers in Mississippi?

    No, an out-of-state cider manufacturer may not ship direct to consumers in Mississippi.

LICENSING

What license does Mississippi require for out-of-state suppliers to sell to in-state wholesalers?

No license is required to sell to Mississippi wholesalers. However, only licensed Mississippi wholesalers may bring ciders into the state. Any other business or individual who brings cider into Mississippi may be subject to fines or jail.

Does Mississippi require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Mississippi does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Mississippi require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Mississippi does not require that cider brands/labels be registered with the state.

Does Mississippi require price posting?

No, Mississippi does not require posting prices.

Does Mississippi require Distributor Agreements to be filed with state regulators?

No, Mississippi does not require Distributor Agreements to be filed with state regulators.

Does Mississippi require territory assignments to be filed with state regulators?

No, Mississippi does not require territory assignments to be filed with state regulators.

Does Mississippi have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Mississippi does not have rules on exclusive territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Mississippi?

In Mississippi, generally only licensed wholesalers may possess and distribute alcoholic beverages in the state, including to retail establishments.

Are there franchise rules in Mississippi that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Mississippi there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Mississippi have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Mississippi wholesalers are required to purchase ciders, and other light wines, only from a domestic manufacturer or importer authorized to sell that product in Mississippi.

Does Mississippi require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Mississippi law only enables licensed wholesalers to sell and distribute alcoholic beverages to Mississippi retailers.

FILINGS

What is Mississippi's excise tax rate on sales of cider?

Yes, Mississippi law only enables licensed wholesalers to sell and distribute alcoholic beverages to Mississippi retailers.

Does Mississippi require out-of-state suppliers to remit the excise taxes?

No, Mississippi wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Mississippi on their sales to in-state wholesalers?

Mississippi does not require out-of-state suppliers to provide a report on the ciders they have sold into the state.

Missouri

How does Missouri define "cider"?
Missouri does not have a specific definition of cider. However, ciders would generally fall within the state's definition of "wine" as "a vinous liquor produced by fermentation of juices of grapes, berries or other fruits or a preparation of certain vegetables by fermentation, and containing alcohol not in excess of twenty-two percent (22%) by volume." - 11 CSR 70-2.010(15)

  • Is Missouri a control state?

    No, Missouri is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Missouri?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Missouri.

  • Can an out-of-state cider manufacturer ship direct to consumers in Missouri?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Missouri.

LICENSING

What license does Missouri require for out-of-state suppliers to sell to in-state wholesalers?

Missouri requires out-of-state cideries to hold an Outstate Solicitor's License to sell to Missouri wholesalers.

How much does Missouri charge for the supplier license?

A Missouri Outstate Solicitor's License costs $100.

Does a cider supplier need to have money held in bond to obtain a license in Missouri?

Missouri requires Outstate Solicitor's License applicants to hold a bond of between $1,000 and $100,000 in the state, depending on the applicant's annual sales in the state.

Does Missouri require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Missouri does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Missouri require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Missouri requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Missouri require price posting?

No, Missouri does not require posting prices.

Does Missouri require Distributor Agreements to be filed with state regulators?

Yes, Missouri requires Distributor Agreements to be filed with state regulators.

Does Missouri require territory assignments to be filed with state regulators?

Yes, Missouri requires territory assignments to be filed with state regulators.

Does Missouri have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Missouri does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Missouri?

In Missouri, wholesalers only may provide retailers with samples, and only of brands the retailer has not purchased before in containers less than 750 mL. All taxes must be paid.

Are there franchise rules in Missouri that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Missouri there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Missouri have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Missouri labels may only be registered by Primary Source and wholesalers may only purchase from label registrants.

Does Missouri require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Missouri requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Missouri's excise tax rate on sales of cider?

Missouri imposes a tax on cider of $0.42 per gallon.

Does Missouri require out-of-state suppliers to remit the excise taxes?

Yes, Missouri requires out-of-state suppliers to remit themselves the excise tax on ciders they sell into the state.

What follow-up reports are out-of-state suppliers required to file with Missouri on their sales to in-state wholesalers?

Missouri requires out-of-state cider suppliers to file the Sales to Wholesale Dealers Monthly Report.

Montana

How does Montana define "cider"?
In Montana, "hard cider" means an alcoholic beverage that is made from the alcoholic fermentation of the juices of apples or pears and that contains not less than 0.5% of alcohol by volume and not more than 8.5% of alcohol by volume, including but not limited to flavored, sparkling, or carbonated cider - 16-1-106(14). However, the Montana definition of Table Wine explicitly states that it includes cider products. (16-1-106(32))

What are the rules in Montana for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Montana, ciders with an ABV greater than 8.5% may be sold and regulated as a wine, the main difference being a greater excise tax rate.

  • Is Montana a control state?

    Yes, Montana is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Montana?

    Yes, out-of-state cider manufacturers who are holders of an "Out-of-State Winery License" may sell both to Montana wholesalers and retailers but only using their own equipment.

  • Can an out-of-state cider manufacturer ship direct to consumers in Montana?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Montana.

LICENSING

What license does Montana require for out-of-state suppliers to sell to in-state wholesalers?

Montana requires out-of-state cideries to hold a Foreign Winery or Importer to sell to Montana wholesalers.

How much does Montana charge for the supplier license?

A Montana Foreign Winery or Importer license fee varies depending on how much cider will be sold into the state per year. There is no fee if shipping 60 or fewer cases per year, $100 if shipping 61-500 cases, $200 if shipping 501-1,000 cases, $300 if shipping 1,001-2000 cases, $400 if shipping more than 2,000 cases.

Does a cider supplier need to have money held in bond to obtain a license in Montana?

Montana does not require suppliers to hold a bond in the state to apply for a license.

Does Montana require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Montana does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Montana require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Montana requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Montana require price posting?

No, Montana does not require posting prices.

Does Montana require Distributor Agreements to be filed with state regulators?

Yes, Montana requires Distributor Agreements to be filed with state regulators.

Does Montana require territory assignments to be filed with state regulators?

Yes, Montana requires territory assignments to be filed with state regulators.

Does Montana have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Montana does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Montana?

In Montana, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Montana that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Montana there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Montana have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Montana does not have sourcing restrictions on from whom wholesalers can purchase.

Does Montana require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Montana requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Montana's excise tax rate on sales of cider?

Montana imposes a tax on cider of $0.037 per liter.

Does Montana require out-of-state suppliers to remit the excise taxes?

No, Montana wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Montana on their sales to in-state wholesalers?

Montana requires out-of-state cider suppliers to file the WSM Monthly Report of Wine.

Nebraska

How does Nebraska define "cider"?
In Nebraska, hard cider means still wine (1)(a) derived primarily from apples or apple concentrate and water such that apple juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, represents more than fifty percent of the volume of the finished product or (b) derived primarily from pears or pear concentrate and water such that pear juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, represents more than fifty percent of the volume of the finished product, (2) containing at least one-half of one percent and less than eight and one-half percent alcohol by volume, (3) having the taste, aroma, and characteristics generally attributed to hard cider, and (4) sold or offered for sale as hard cider. - 53-103.44
What are the rules in Montana for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Montana, ciders with an ABV greater than 8.5% may be sold and regulated as a wine, the main difference being a greater excise tax rate.

  • Is Nebraska a control state?

    No, Nebraska is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Nebraska?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Nebraska.

  • Can an out-of-state cider manufacturer ship direct to consumers in Nebraska?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Nebraska.

LICENSING

What license does Nebraska require for out-of-state suppliers to sell to in-state wholesalers?

Nebraska requires out-of-state cideries to hold a Type "S" Shipping License to sell to Nebraska wholesalers.

How much does Nebraska charge for the supplier license?

A Nebraska Type S License costs $1,000.

Does a cider supplier need to have money held in bond to obtain a license in Nebraska?

Nebraska does not require suppliers to hold a bond in the state to apply for a license.

Does Nebraska require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Nebraska does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Nebraska require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Nebraska does not require that cider brands/labels be registered with the state.

Does Nebraska require price posting?

No, Nebraska does not require posting prices.

Does Nebraska require Distributor Agreements to be filed with state regulators?

No, Nebraska does not require Distributor Agreements to be filed with state regulators.

Does Nebraska require territory assignments to be filed with state regulators?

No, Nebraska does not require territory assignments to be filed with state regulators.

Does Nebraska have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Nebraska does not require territory assignments to be filed with state regulators.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Nebraska?

In Nebraska, suppliers can provide samples to retailers but they must be delivered through a wholesaler and taxes must be paid.

Are there franchise rules in Nebraska that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Nebraska there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Nebraska have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Nebraska has sourcing restrictions on from whom wholesalers can purchase.

Does Nebraska require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Nebraska requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Nebraska's excise tax rate on sales of cider?

Nebraska imposes a tax on cider of $0.95 per gallon.

Does Nebraska require out-of-state suppliers to remit the excise taxes?

No, Nebraska wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Nebraska on their sales to in-state wholesalers?

Nebraska requires out-of-state cider suppliers to file the 35-7080 LCC Spirits and Wine Monthly Report.

Nevada

How does Nevada define "cider"?
Nevada does not have a specific definition of cider. However, ciders would fall generally under the state's definition of "wine" as "any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar." - 369.140What are the rules in Montana for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Montana, ciders with an ABV greater than 8.5% may be sold and regulated as a wine, the main difference being a greater excise tax rate.

  • Is Nevada a control state?

    No, Nevada is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Nevada?

    No, Nevada is not a control state.

  • Can an out-of-state cider manufacturer ship direct to consumers in Nevada?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Nevada.

LICENSING

What license does Nevada require for out-of-state suppliers to sell to in-state wholesalers?

Nevada requires out-of-state cideries to hold a Certificate of Compliance to sell to Nevada wholesalers.

How much does Nevada charge for the supplier license?

A Nevada Certificate of Compliance costs $50.

Does a cider supplier need to have money held in bond to obtain a license in Nevada?

Nevada does not require suppliers to hold a bond in the state to apply for a license.

Does Nevada require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Nevada does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Nevada require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Nevada requires that suppliers submit a list of cider brands they will sell in Nevada that has been signed by their assigned wholesaler.

Does Nevada require price posting?

No, Nevada does not require posting prices.

Does Nevada require Distributor Agreements to be filed with state regulators?

Yes, Nevada requires Distributor Agreements to be filed with state regulators. The wholesaler signature must be on the brand registration form.

Does Nevada require territory assignments to be filed with state regulators?

No, Nevada does not require territory assignments to be filed with state regulators.

Does Nevada have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Nevada does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Nevada?

In Nevada, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Nevada that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Nevada there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Nevada have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Nevada has sourcing restrictions on from whom wholesalers can purchase.

Does Nevada require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Nevada requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Nevada's excise tax rate on sales of cider?

Nevada imposes a tax on cider of $0.70 per gallon.

Does Nevada require out-of-state suppliers to remit the excise taxes?

No, Nevada wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Nevada on their sales to in-state wholesalers?

Nevada requires out-of-state cider suppliers to file the LTD 04 Report of Shipments of Alcoholic Beverages.

New Hampshire

How does New Hampshire define "cider"?
In New Hampshire, "cider'' means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, containing not less than 1/2 of one percent alcohol by volume at 60 degrees Fahrenheit, which may contain flavoring, coloring or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. Cider, as defined here, shall not include cider as defined in RSA 434:40-a. - RSA 175-1(XVI-a). Generally a "cider" with be sold in New Hampshire as a "beverage," distributed in the private sector. However, ciders with an ABV greater than 6% must receive special approval from the Control Commission.In Montana, ciders with an ABV greater than 8.5% may be sold and regulated as a wine, the main difference being a greater excise tax rate.

What are the rules in New Hampshire for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In New Hampshire, higher-ABV ciders that are marketed and sold as "apple wines" may be regulated as a form of Table Wine, which may require it to be sold through the state's control board.

  • Is New Hampshire a control state?

    Yes, New Hampshire is a control state. However, ciders are generally sold in the private sector, though ciders with an ABV greater than 6% (or "specialty ciders" with an ABV greater than 8%) must first be specially approved for sale by the Control Commission.

  • Can an out-of-state cider manufacturer self-distribute to retailers in New Hampshire?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in New Hampshire.

  • Can an out-of-state cider manufacturer ship direct to consumers in New Hampshire?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in New Hampshire.

LICENSING

What license does New Hampshire require for out-of-state suppliers to sell to in-state wholesalers?

New Hampshire requires out-of-state cideries to hold a Beverage Vendor License to sell to New Hampshire wholesalers.

How much does New Hampshire charge for the supplier license?

A New Hampshire Beverage Vendor license costs $720 annually for limited sales (less than 200 barrels sold annually), or $1,920 annually for unlimited sales.

Does a cider supplier need to have money held in bond to obtain a license in New Hampshire?

New Hampshire does not require suppliers to hold a bond in the state to apply for a license.

Does New Hampshire require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

New Hampshire does not require suppliers to hold a bond in the state to apply for a license.

REGISTRATIONS

Does New Hampshire require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, New Hampshire requires that all cider products be registered per label before they may be sold in the state.

Does New Hampshire require price posting?

Yes, New Hampshire requires that all cider products be registered per label before they may be sold in the state.

Does New Hampshire require Distributor Agreements to be filed with state regulators?

Yes, New Hampshire requires Distributor Agreements to be filed with state regulators.

Does New Hampshire require territory assignments to be filed with state regulators?

Yes, New Hampshire requires Distributor Agreements to be filed with state regulators.

Does New Hampshire have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, New Hampshire prohibits Beverage Vendor licensees from assigning more than one wholesaler to distribute any brand or label in all or part of any designated territory.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in New Hampshire?

Yes, New Hampshire prohibits Beverage Vendor licensees from assigning more than one wholesaler to distribute any brand or label in all or part of any designated territory.

Are there franchise rules in New Hampshire that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in New Hampshire there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does New Hampshire have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, New Hampshire wholesalers may only accept products from the Beverage Vendor licensee who has registered those labels, unless such sale is accompanied by authorizing documentation.

Does New Hampshire require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, New Hampshire requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is New Hampshire's excise tax rate on sales of cider?

New Hampshire imposes a tax on cider of $0.30 per gallon.

Does New Hampshire require out-of-state suppliers to remit the excise taxes?

No, New Hampshire wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with New Hampshire on their sales to in-state wholesalers?

In New Hampshire, out-of-state suppliers must file the 258/334 Report monthly to report their sales of Beverages to New Hampshire wholesalers.

New Jersey

How does New Jersey define "cider"?
In New Jersey, "hard cider" means a fermented alcoholic beverage derived primarily from apples, pears, apple juice concentrate and water, or pear juice concentrate and water, which may include spices, herbs, honey, or other flavoring, and which contains at least one half of one percent but less than eight and one half percent alcohol by volume - 33-1-10.2f. Within New Jersey's excise tax statutes, the state also defines cider as a subset of wine products, but with a lower tax rate when its ABV is between 3.2-7% (54:43-1(e)).

  • Is New Jersey a control state?

    No, New Jersey is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in New Jersey?

    Yes, cideries producing no more than 250,000 gallons per year may apply for an Out-of-State Winery License, permitting direct-to-consumer shipping in New Jersey, and with an additional fee, direct-to-retail sales permission. Use of common carriers to fulfill sales to retailers is not permitted.

  • Can an out-of-state cider manufacturer ship direct to consumers in New Jersey?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in New Jersey.

LICENSING

What license does New Jersey require for out-of-state suppliers to sell to in-state wholesalers?

New Jersey requires out-of-state cideries to hold an Out-of-State Winery License, for those producing no more than 250,000 gallons. Larger cideries must either consign their products to a New Jersey wholesaler outside of the state or receive a wholesaler license themselves.

How much does New Jersey charge for the supplier license?

A New Jersey Out-of-State Winery License costs $938. Cideries that opt to establish a business presence in New Jersey can get a Wine Wholesale License (permitting distribution of all wine products) for $3,750. A Limited Wholesale License (permitting distribution of only beer and "naturally fermented wines") for $1,875, or a Plenary Wholesale License (permitting sale of all alcoholic products) for $8,750. 

Does a cider supplier need to have money held in bond to obtain a license in New Jersey?

Depending on the license applied for and the amount of annual sales, a cidery getting licensed to sell in New Jersey may be required to hold a bond of between $1,000 and $1,000,000 in the state.

Does New Jersey require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, New Jersey requires salespersons employed by an out-of-state winery licensee or in-state wholesaler licensee to hold a Solicitor's Permit.

REGISTRATIONS

Does New Jersey require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, New Jersey requires that cider products are registered per label before they can be sold to in-state wholesalers, which can be done by the brand owner or their authorized agent.

Does New Jersey require price posting?

Yes, New Jersey requires parties licensed as in-state wholesalers to regularly post their prices with the state.

Does New Jersey require Distributor Agreements to be filed with state regulators?

No, New Jersey does not require Distributor Agreements to be filed with state regulators. However, assigned wholesalers must be listed on the brand label registration.

Does New Jersey require territory assignments to be filed with state regulators?

No, New Jersey does not require territory assignments to be filed with state regulators.

Does New Jersey have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, New Jersey does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in New Jersey?

In New Jersey, a separate sampling permit is required for suppliers to provide samples to retailers. Wholesalers may then distribute clearly labeled samples through their New Jersey solicitors. Records must be maintained.

Are there franchise rules in New Jersey that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in New Jersey there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does New Jersey have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, New Jersey has sourcing restrictions on from whom wholesalers can purchase.

Does New Jersey require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, New Jersey has sourcing restrictions on from whom wholesalers can purchase.

FILINGS

What is New Jersey's excise tax rate on sales of cider?

In New Jersey, ciders with an ABV of 7% or less are taxed at $0.15 per gallon, and ciders with an ABV greater than 7% are taxed at $0.875 per gallon.

Does New Jersey require out-of-state suppliers to remit the excise taxes?

No, New Jersey does not require out-of-state suppliers to remit the excise taxes unless they operate as a licensed New Jersey-based Cider Wholesaler.

What follow-up reports are out-of-state suppliers required to file with New Jersey on their sales to in-state wholesalers?

New Jersey requires out-of-state cider suppliers licensed as a New Jersey wholesaler to file the R-2 Wholesalers Tax Sales Report.

New Mexico

How does New Mexico define "cider"?
In New Mexico, "cider" means an alcoholic beverage made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears that contains not less than one-half of one percent alcohol by volume and not more than eight and one-half percent alcohol by volume - 60-3A-3(D). The New Mexico ABC has confirmed that it generally treats ciders as wine products, following federal law.

  • Is New Mexico a control state?

    No, New Mexico is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in New Mexico?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in New Mexico.

  • Can an out-of-state cider manufacturer ship direct to consumers in New Mexico?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in New Mexico.

LICENSING

What license does New Mexico require for out-of-state suppliers to sell to in-state wholesalers?

New Mexico requires out-of-state cideries to hold a Nonresident Liquor License to sell to New Mexico wholesalers.

How much does New Mexico charge for the supplier license?

The cost of a New Mexico Nonresident Liquor License can vary widely depending on the supplier's annual billing for products sold into the state, ranging from a low of $300 for annual billing of $50,000 or less to $10,500 for annual billing of more than $3 million. Licenses last for three years.

Does a cider supplier need to have money held in bond to obtain a license in New Mexico?

New Mexico does not require suppliers to hold a bond in the state to apply for a license.

Does New Mexico require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, New Mexico does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does New Mexico require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, New Mexico requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does New Mexico require price posting?

No, New Mexico does not require posting prices.

Does New Mexico require Distributor Agreements to be filed with state regulators?

Yes, New Mexico requires Distributor Agreements to be filed with state regulators.

Does New Mexico require territory assignments to be filed with state regulators?

No, New Mexico does not require territory assignments to be filed with state regulators.

Does New Mexico have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, New Mexico does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in New Mexico?

In New Mexico, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in New Mexico that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in New Mexico there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does New Mexico have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, New Mexico has sourcing restrictions on from whom wholesalers can purchase.

Does New Mexico require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, in New Mexico goods may be shipped only to New Mexico wholesalers, and must be unloaded at their facility and come into their inventory.

FILINGS

What is New Mexico's excise tax rate on sales of cider?

New Mexico imposes a tax on cider of $0.41 per gallon.

Does New Mexico require out-of-state suppliers to remit the excise taxes?

No, New Mexico wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with New Mexico on their sales to in-state wholesalers?

New Mexico requires out-of-state cider suppliers to file a monthly report summarizing their invoices of sales made to wholesalers.

New York

How does New York define "cider"?
In New York, (a) "Cider" means the partially or fully fermented juice of fresh, whole apples or other pome fruits, containing more than three and two-tenths per centum but not more than eight and one-half per centum alcohol by volume: (i) to which nothing has been added to increase the alcoholic content produced by natural fermentation; and (ii) with the usual cellar treatments and necessary additions to correct defects due to climate, saccharine levels and seasonal conditions. Nothing contained in this subdivision shall be deemed to preclude the use of such methods or materials as may be necessary to encourage a normal alcoholic fermentation and to make a product that is free of microbiological activity at the time of sale. Cider may be sweetened or flavored after fermentation with fruit juice, fruit juice concentrate, sugar, maple syrup, honey, spices or other agricultural products, separately or in combination. Cider may contain retained or added carbon dioxide. (b) In the event that an alcoholic beverage meets the definition of both a cider, as defined in this subdivision, and a wine, as defined in subdivision thirty-six of this section, the brand or trade name label owner of such alcoholic beverage shall designate whether such alcoholic beverage shall be sold as a cider or a wine for all purposes under this chapter. - NY ABC Law 1-3(7-b)In New Hampshire, higher-ABV ciders that are marketed and sold as "apple wines" may be regulated as a form of Table Wine, which may require it to be sold through the state's control board.

What are the rules in New York for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In New York, ciders that have an ABV greater than the 8.5% threshold or that are labeled and sold as "apple wines" may be regulated as wine.

  • Is New York a control state?

    No, New York is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in New York?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in New York.

  • Can an out-of-state cider manufacturer ship direct to consumers in New York?

    No, an out-of-state cider manufacturer may not ship direct to consumers in New York.

LICENSING

What license does New York require for out-of-state suppliers to sell to in-state wholesalers?

New York requires a Negotiator's Annual Permit for out-of-state suppliers to sell to in-state wholesalers. This allows an out-of-state cider maker to designate one or more New York wholesalers as their instate "Brand Agent." Thereafter, the Brand Agent is responsible for meeting compliance requirements. Alternatively, an out-of-state cider maker may receive a Cider Wholesaler's license, if it maintains a premises in the state.

How much does New York charge for the supplier license?

New York charges $620 for a three-year Negotiator's Permit for out-of-state suppliers to sell to in-state wholesalers, and $525 for a three-year Cider Wholesalers license, which also requires maintaining an office in New York state.

Does a cider supplier need to have money held in bond to obtain a license in New York?

New York requires applicants for a Cider Wholesaler license to hold a $1,000 bond.

Does New York require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, New York requires a Solicitor's Permit for suppliers' agents operating in the state.

REGISTRATIONS

Does New York require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, New York requires that cider products be registered per COLA before they can be sold to in-state wholesalers. 

Does New York require price posting?

No, New York does not require posting prices. Suppliers must inform wholesalers of price changes, but only licensed wholesalers need to file prices with the SLA.

Does New York require Distributor Agreements to be filed with state regulators?

No, New York does not require Distributor Agreements to be filed with state regulators.

Does New York require territory assignments to be filed with state regulators?

No, New York does not require territory assignments to be filed with state regulators.

Does New York have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, New York does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in New York?

In New York, only licensed solicitors working for a supplier or wholesaler may carry samples of spirits for tasting by a retailer in the state. No more than two cider containers may be provided to a retailer at a time and they may not be left with the retailer.

Are there franchise rules in New York that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, there are no franchise rules in New York that can restrict a cider supplier's ability to negotiate or cancel their distributor agreements.

Does New York have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, New York has sourcing restrictions on from whom wholesalers can purchase.

Does New York require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, in New York there are no specific come to rest provisions.

FILINGS

What is New York's excise tax rate on sales of cider?

New York imposes a tax on cider of $0.0379. Note that apple-based products with an ABV greater than 8.5% or that are labeled and sold as "apple wines" will be taxed as wines instead, at $0.30 per gallon.

Does New York require out-of-state suppliers to remit the excise taxes?

No, New York does not require out-of-state suppliers to remit the excise taxes unless they are licensed as a Cider Wholesaler.

What follow-up reports are out-of-state suppliers required to file with New York on their sales to in-state wholesalers?

New York does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers unless licensed as a Cider Wholesaler.

North Carolina

How does North Carolina define "cider"?
North Carolina does not have a specific definition of cider. However, ciders would fall generally under the state's definition of "unfortified wine" as a beverage alcohol "of sixteen percent (16%) or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States." - 18b-101(15)

  • Is North Carolina a control state?

    Yes, North Carolina is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in North Carolina?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in North Carolina.

  • Can an out-of-state cider manufacturer ship direct to consumers in North Carolina?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in North Carolina.

LICENSING

What license does North Carolina require for out-of-state suppliers to sell to in-state wholesalers?

North Carolina requires out-of-state cideries to hold a Nonresident Wine Vendor license to sell to North Carolina wholesalers.

How much does North Carolina charge for the supplier license?

A North Carolina Nonresident Wine Vendor license costs $100.

Does a cider supplier need to have money held in bond to obtain a license in North Carolina?

Generally, North Carolina does not require license applicants to hold a bond in the state, but based on circumstances, the ABC may require a Nonresident Vendor to furnish a bond of no more than $2,000.

Does North Carolina require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, North Carolina requires salespersons employed by suppliers to hold a Vendor's Representative License.

REGISTRATIONS

Does North Carolina require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, North Carolina requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does North Carolina require price posting?

No, North Carolina does not require posting prices.

Does North Carolina require Distributor Agreements to be filed with state regulators?

Yes, North Carolina requires Distributor Agreements to be filed with state regulators.

Does North Carolina require territory assignments to be filed with state regulators?

Yes, North Carolina requires territory assignments to be filed with state regulators, but only if distributing a total of 1,250 cases into the state.

Does North Carolina have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, North Carolina has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in North Carolina?

In North Carolina, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in North Carolina that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in North Carolina there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does North Carolina have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, North Carolina has sourcing restrictions on from whom wholesalers can purchase.

Does North Carolina require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, North Carolina requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is North Carolina's excise tax rate on sales of cider?

North Carolina imposes a tax on cider of $0.2634 per liter.

Does North Carolina require out-of-state suppliers to remit the excise taxes?

Not inherently, but Nonresident Wine Vendors may elect to pay excise taxes in place of their North Carolina wholesalers.

What follow-up reports are out-of-state suppliers required to file with North Carolina on their sales to in-state wholesalers?

North Carolina requires out-of-state cider suppliers to file the B-C-786 form.

North Dakota

How does North Dakota define "cider"?
North Dakota does not have a specific definition of cider. However, ciders would fall generally under the state's definition of "wine" as an "alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume." - 5-01-01(20).

  • Is North Dakota a control state?

    No, North Dakota is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in North Dakota?

    Yes, licensed cideries that produce no more than 50,000 gallons per year may apply for additional licensing to sell directly to retailers in North Dakota using either their own delivery equipment or common carriers. Delivery by the cidery's own equipment or by common carrier each may not exceed 4,500 cases annually.

  • Can an out-of-state cider manufacturer ship direct to consumers in North Dakota?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in North Dakota.

LICENSING

What license does North Dakota require for out-of-state suppliers to sell to in-state wholesalers?

North Dakota requires out-of-state cideries to hold an Alcoholic Beverage Supplier License to sell to North Dakota wholesalers.

How much does North Dakota charge for the supplier license?

North Dakota does not charge for an Alcoholic Beverage Supplier License, but suppliers must still renew their license annually .

Does a cider supplier need to have money held in bond to obtain a license in North Dakota?

North Dakota does not require suppliers to hold a bond in the state to apply for a license.

Does North Dakota require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, North Dakota does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does North Dakota require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, North Dakota does not require that cider brands/labels be registered with the state.

Does North Dakota require price posting?

No, North Dakota does not require posting prices.

Does North Dakota require Distributor Agreements to be filed with state regulators?

No, North Dakota does not require Distributor Agreements to be filed with state regulators.

Does North Dakota require territory assignments to be filed with state regulators?

No, North Dakota does not require territory assignments to be filed with state regulators.

Does North Dakota have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, North Dakota does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in North Dakota?

In North Dakota, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in North Dakota that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in North Dakota there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does North Dakota have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, North Dakota has sourcing restrictions on from whom wholesalers can purchase.

Does North Dakota require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, North Dakota does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is North Dakota's excise tax rate on sales of cider?

North Dakota imposes a tax on cider of $0.50 per gallon.

Does North Dakota require out-of-state suppliers to remit the excise taxes?

No, North Dakota wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with North Dakota on their sales to in-state wholesalers?

North Dakota requires out-of-state cider suppliers to file the Schedule A, Suppliers Monthly Report of Sales to Distributors.

Ohio

How does Ohio define "cider"?
In Ohio, "cider" means all liquids fit to use for beverage purposes that contain one-half of one per cent of alcohol by volume, but not more than six per cent of alcohol by weight, and that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must - 4301-01(21). However, per Ohio's definition of wine (4301-01(3)), ciders are treated as wines, except for tax purposes.In Montana, ciders with an ABV greater than 8.5% may be sold and regulated as a wine, the main difference being a greater excise tax rate.

  • Is Ohio a control state?

    Yes, Ohio is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Ohio?

    Yes, cideries producing no more than 250,000 gallons per year, and who qualify for the Federal Wine Tax Credit, may apply for a B-2A Permit that is supplemental to their supplier permit, and allows sales directly to Ohio retailers.

  • Can an out-of-state cider manufacturer ship direct to consumers in Ohio?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Ohio.

LICENSING

What license does Ohio require for out-of-state suppliers to sell to in-state wholesalers?

Ohio requires out-of-state cideries to hold an Out of State Suppliers License (Type S-5) to sell to Ohio wholesalers.

How much does Ohio charge for the supplier license?

An Ohio Out of state Suppliers License costs $300 for cideries producing 250,000 gallons or more annually, or $76 for wineries producing less than 250,000 gallons annually.

Does a cider supplier need to have money held in bond to obtain a license in Ohio?

Ohio does not require suppliers to hold a bond in the state to apply for a license.

Does Ohio require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Ohio requires salespersons employed by a supplier to hold a Solicitor's Registration Card.

REGISTRATIONS

Does Ohio require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Ohio requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Ohio require price posting?

No, Ohio does not require posting prices.

Does Ohio require Distributor Agreements to be filed with state regulators?

No, Ohio does not require Distributor Agreements to be filed with state regulators. However, assigned wholesalers must be listed with label registrations and agreements with distributors must be in writing. Or, after six months a franchise relationship is deemed to have been created dictated by Ohio statutes.

Does Ohio require territory assignments to be filed with state regulators?

Yes, Ohio requires territory assignments to be filed with state regulators.

Does Ohio have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Ohio requires territory assignments to be filed with state regulators.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Ohio?

In Ohio, suppliers can provide a maximum of 750mL size for containers as samples to retailers and they must be clearly marked as samples. They can only be provided by holders of a Solicitor's Registration Card.

Are there franchise rules in Ohio that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Ohio there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Ohio have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Ohio has sourcing restrictions on from whom wholesalers can purchase.

Does Ohio require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Ohio requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Ohio's excise tax rate on sales of cider?

Ohio imposes a tax on cider of $0.24 per gallon.

Does Ohio require out-of-state suppliers to remit the excise taxes?

No, Ohio wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Ohio on their sales to in-state wholesalers?

Ohio requires out-of-state cider suppliers to file duplicates of wholesaler invoices with the Department of Taxation monthly.

Oklahoma

How does Oklahoma define "cider"?
In Oklahoma, "cider" means any alcoholic beverage obtained by the alcoholic fermentation of fruit juice, including but not limited to flavored, sparkling or carbonated cider. For the purposes of the manufacture of this product, cider may be manufactured by either manufacturers or brewers. For the purposes of the distribution of this product, cider may be distributed by either wine and spirits wholesalers or beer distributors. - 37a-1-103(13).

  • Is Oklahoma a control state?

    No, Oklahoma is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Oklahoma?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Oklahoma.

  • Can an out-of-state cider manufacturer ship direct to consumers in Oklahoma?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Oklahoma.

LICENSING

What license does Oklahoma require for out-of-state suppliers to sell to in-state wholesalers?

Oklahoma requires out-of-state cideries to hold a Nonresidential Seller License, which allows the holder to sell to Oklahoma wholesalers and act as their own Broker; or a Nonresident Manufacturer License, which does not allow the holder to act as their own Broker.

How much does Oklahoma charge for the supplier license?

An Oklahoma Nonresidential Seller License costs $3,250. A Nonresidential Manufacturer License costs $150, if selling 50 or fewer cases per year, $300 to sell 51-500 cases per year, or $600 to sell more than 500 cases per year.

Does a cider supplier need to have money held in bond to obtain a license in Oklahoma?

Oklahoma does not require suppliers to hold a bond in the state to apply for a license.

Does Oklahoma require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Oklahoma requires salespersons employed by suppliers to hold a Manufacturer's Agent License.

REGISTRATIONS

Does Oklahoma require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Oklahoma requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Oklahoma require price posting?

Yes, Oklahoma requires suppliers to regularly post their prices with the state.

Does Oklahoma require Distributor Agreements to be filed with state regulators?

No, Oklahoma does not require Distributor Agreements to be filed with state regulators.

Does Oklahoma require territory assignments to be filed with state regulators?

No, Oklahoma does not require territory assignments to be filed with state regulators.

Does Oklahoma have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Oklahoma does not require territory assignments to be filed with state regulators.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Oklahoma?

In Oklahoma, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in Oklahoma that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Oklahoma there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Oklahoma have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Oklahoma does not have sourcing restrictions on from whom wholesalers can purchase.

Does Oklahoma require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Oklahoma requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Oklahoma's excise tax rate on sales of cider?

Oklahoma imposes a tax on cider of $0.19 per liter.

Does Oklahoma require out-of-state suppliers to remit the excise taxes?

No, Oklahoma wholesalers, not out-of-state suppliers, are required to pay the excise tax on ciders sold in the state.

What follow-up reports are out-of-state suppliers required to file with Oklahoma on their sales to in-state wholesalers?

Oklahoma requires out-of-state cider suppliers to file the ALC-5009 Excise Tax Return for licensed Nonresident Dealers.

Oregon

How does Oregon define "cider"?
In Oregon, "For the purposes of this chapter, 'cider' means an alcoholic beverage made from the fermentation of the juice of apples or pears that contains not more than 8.5 percent of alcohol by volume, including, but not limited to, flavored, sparkling or carbonated cider." - 471.023

What are the rules in Oregon for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Oregon, ciders that have an ABV that exceeds the 8.5% threshold may be regulated as a wine, which may then apply a higher excise tax rate.

  • Is Oregon a control state?

    Yes, Oregon is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Oregon?

    Yes, cideries holding a Certificate of Approval may apply for an additional Self-Distribution License in Oregon. Only retailers who have received authorization from the OLCC may receive self-distributions.

  • Can an out-of-state cider manufacturer ship direct to consumers in Oregon?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Oregon.

LICENSING

What license does Oregon require for out-of-state suppliers to sell to in-state wholesalers?

Oregon requires out-of-state cideries to hold a Certificate of Approval to sell to Oregon wholesalers.

How much does Oregon charge for the supplier license?

Oregon requires out-of-state cideries to hold a Certificate of Approval to sell to Oregon wholesalers.

Does a cider supplier need to have money held in bond to obtain a license in Oregon?

Oregon does not require suppliers to hold a bond in the state to apply for a license.

Does Oregon require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Oregon does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Oregon require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Oregon does not require that cider brands/labels be registered with the state.

Does Oregon require price posting?

No, Oregon does not require posting prices.

Does Oregon require Distributor Agreements to be filed with state regulators?

No, Oregon does not require cider makers to file Distributor Agreements with state regulators.

Does Oregon require territory assignments to be filed with state regulators?

No, Oregon does not require cider makers to file distributor territory assignments with state regulators.

Does Oregon have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Oregon does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Oregon?

In Oregon, suppliers can provide samples only of brands that are not currently carried by the retailer and in containers no larger than five liters. All samples must have taxes paid and must be clearly labeled as samples.

Are there franchise rules in Oregon that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Oregon there are not franchise rules that can restrict a cider maker's ability to negotiate or cancel their distributor agreements.

Does Oregon have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Oregon does not have sourcing restrictions on from whom wholesalers can purchase.

Does Oregon require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, Oregon does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Oregon's excise tax rate on sales of cider?

Oregon imposes a tax on cider of $2.60 per 31-gallon barrel.

Does Oregon require out-of-state suppliers to remit the excise taxes?

No, Oregon does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Oregon on their sales to in-state wholesalers?

No, Oregon does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

Pennsylvania

How does Pennsylvania define "cider"?
In Pennsylvania, “alcoholic cider” shall mean a beverage which may contain carbonation in an amount not to exceed six and four tenths grams per liter, produced through alcoholic fermentation, which is primarily derived from apples, apple juice concentrate and water or pears, pear juice concentrate and water, consisting of at least one-half of one per centum, but not greater than eight and one-half per centum, alcohol by volume and sold or offered for sale as alcoholic cider and not as a wine or as a substitute for wine, in bottles, cases, kegs, cans or other suitable containers of the type used for the sale of malt or brewed beverages in this Commonwealth - 47 P.S. 1-102. Pennsylvania's definitions go on to indicate that "alcoholic cider" is considered a "malt or brewed beverage" for regulatory purposes.

What are the rules in Pennsylvania for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Pennsylvania, ciders that have an ABV that exceeds the 8.5% threshold may be regulated as a wine.

  • Is Pennsylvania a control state?

    Yes, Pennsylvania is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Pennsylvania?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Pennsylvania.

  • Can an out-of-state cider manufacturer ship direct to consumers in Pennsylvania?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Pennsylvania, but only under the state's beer shipping laws.

LICENSING

What license does Pennsylvania require for out-of-state suppliers to sell to in-state wholesalers?

Pennsylvania does not require out-of-state cideries to hold a specific license to sell to wholesalers in the state. However, sales may only be made to licensed Importers or Importing Distributors, who can only be Pennsylvania residents. Out-of-state manufacturers must notify the Pennsylvania Liquor Control Board of their distribution relationships, and recieve an LID number for reporting, which is assigned upon first registering a label with the PLCB.

Does a cider supplier need to have money held in bond to obtain a license in Pennsylvania?

Pennsylvania does not require suppliers to hold a bond in the state to apply for a license.

Does Pennsylvania require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Pennsylvania does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Pennsylvania require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Pennsylvania requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Pennsylvania require price posting?

No, Pennsylvania does not require posting prices.

Does Pennsylvania require Distributor Agreements to be filed with state regulators?

Yes, Pennsylvania requires Distributor Agreements to be filed with state regulators.

Does Pennsylvania require territory assignments to be filed with state regulators?

Yes, Pennsylvania requires territory assignments to be filed with state regulators.

Does Pennsylvania have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Pennsylvania does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Pennsylvania?

In Pennsylvania, suppliers can provide samples to retailers but they must comply with regulations including labeling and representative requirements.

Are there franchise rules in Pennsylvania that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Pennsylvania there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Pennsylvania have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, in Pennsylvania wholesalers may only purchase from OOS suppliers when they have been authorized to do so.

Does Pennsylvania require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Pennsylvania requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Pennsylvania's excise tax rate on sales of cider?

Pennsylvania imposes a tax on cider of $0.08 per gallon.

Does Pennsylvania require out-of-state suppliers to remit the excise taxes?

Yes, Pennsylvania requires out-of-state cider makers to remit themselves the excise tax on ciders they sell into the state.

What follow-up reports are out-of-state suppliers required to file with Pennsylvania on their sales to in-state wholesalers?

Pennsylvania requires out-of-state cider suppliers to file the Monthly REV-1052 Report.

Rhode Island

How does Rhode Island define "cider"?
Rhode Island's definition of "wine" (3-1--1(17)), specifically excludes ciders (fermented apple beverages) with an ABV of 6% or less. As indicated by the Rhode Island Liquor Control FAQ, ciders with an ABV of 6% or less are regulated as malt beverages, and as wines if over 6% ABV.

  • Is Rhode Island a control state?

    No, Rhode Island is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Rhode Island?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Rhode Island.

  • Can an out-of-state cider manufacturer ship direct to consumers in Rhode Island?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Rhode Island, but only limited quantities that were purchased when the Rhode Island resident was physically present at the cidery's premises.

LICENSING

What license does Rhode Island require for out-of-state suppliers to sell to in-state wholesalers?

Rhode Island requires out-of-state cideries to hold a Certificate of Compliance and Affirmation to sell to Rhode Island wholesalers.

How much does Rhode Island charge for the supplier license?

Rhode Island does not charge to receive a Certificate of Compliance, but the application is done concurrent with brand registrations, which cost $40 per brand annually.

Does a cider supplier need to have money held in bond to obtain a license in Rhode Island?

Rhode Island does not require suppliers to hold a bond in the state to apply for a license.

Does Rhode Island require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Rhode Island requires salespersons employed by a supplier to hold an Agent's License.

REGISTRATIONS

Does Rhode Island require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Rhode Island requires that cider products are registered per brand before they can be sold to in-state wholesalers. 

Does Rhode Island require price posting?

No, Rhode Island does not require posting prices.

Does Rhode Island require Distributor Agreements to be filed with state regulators?

Yes, Rhode Island requires Distributor Agreements to be filed with state regulators.

Does Rhode Island require territory assignments to be filed with state regulators?

No, Rhode Island does not require territory assignments to be filed with state regulators.

Does Rhode Island have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Rhode Island does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Rhode Island?

In Rhode Island, suppliers may provide no more than 3 gallons of any brand for sampling by a retailer, limited to brands not purchased by the retailer in the previous 12 months.

Are there franchise rules in Rhode Island that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, Rhode Island has franchise laws for malt beverages that may affect the ability for cider makers to structure their distributor contracts for ciders with an ABV less than 6%. However, there are no franchise laws for wines in Rhode Island, so higher ABV ciders should not be affected by those. It is recommended to consult an attorney to fully understand how franchise rules may affect you.

Does Rhode Island have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Rhode Island has sourcing restrictions on from whom wholesalers can purchase.

Does Rhode Island require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Rhode Island requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Rhode Island's excise tax rate on sales of cider?

In Rhode Island, ciders with an ABV of 6% or less are taxed at $3.00 per 31-gallon barrel, and ciders with an ABV greater than 6% are taxed at $0.60 per gallon.

Does Rhode Island require out-of-state suppliers to remit the excise taxes?

No, Rhode Island does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Rhode Island on their sales to in-state wholesalers?

Rhode Island requires suppliers to file a monthly list of their wholesaler invoices with state regulators.

South Carolina

How does South Carolina define "cider"?
South Carolina does not have a specific definition of ciders. However, the South Carolina Alcohol Beverage Licensing Board has confirmed that the state follows federal designations, and so most ciders will be regulated as wines in the state.

  • Is South Carolina a control state?

    No, South Carolina is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in South Carolina?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in South Carolina.

  • Can an out-of-state cider manufacturer ship direct to consumers in South Carolina?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in South Carolina.

LICENSING

What license does South Carolina require for out-of-state suppliers to sell to in-state wholesalers?

South Carolina requires out-of-state cideries to hold a Beer/Wine Producer or Importer license to sell to South Carolina wholesalers.

How much does South Carolina charge for the supplier license?

A South Carolina Beer/Wine Producer or Importer license costs $400 for a two-year license.

Does a cider supplier need to have money held in bond to obtain a license in South Carolina?

South Carolina does not require suppliers to hold a bond in the state to apply for a license.

Does South Carolina require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, South Carolina does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does South Carolina require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, South Carolina requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does South Carolina require price posting?

No, South Carolina does not require posting prices.

Does South Carolina require Distributor Agreements to be filed with state regulators?

No, South Carolina does not require Distributor Agreements to be filed with state regulators. Wholesalers designated in brand registrations must be in good standing with the ABC.

Does South Carolina require territory assignments to be filed with state regulators?

No, South Carolina does not require territory assignments to be filed with state regulators.

Does South Carolina have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, South Carolina does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in South Carolina?

In South Carolina, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in South Carolina that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in South Carolina there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does South Carolina have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, South Carolina has sourcing restrictions on from whom wholesalers can purchase.

Does South Carolina require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, South Carolina requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is South Carolina's excise tax rate on sales of cider?

South Carolina imposes a tax on cider of $0.2535 per liter.

Does South Carolina require out-of-state suppliers to remit the excise taxes?

No, South Carolina does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with South Carolina on their sales to in-state wholesalers?

South Carolina requires out-of-state cider suppliers to file the L-BW-I-4 Report of Wine Shipments.

South Dakota

How does South Dakota define "cider"?
In South Dakota, "cider" encompasses any alcoholic beverage obtained by the fermentation of the juice of apples or pears that contains not less than one-half of one percent of alcohol by volume and not more than ten percent of alcohol by weight, including flavored, sparkling, or carbonated cider. - 35-1-1(3A)

What are the rules in South Dakota for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In South Dakota, apple wines with an ABV that exceed 10.5% may be regulated as other wines.

  • Is South Dakota a control state?

    No, South Dakota is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in South Dakota?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in South Dakota.

  • Can an out-of-state cider manufacturer ship direct to consumers in South Dakota?

    No, an out-of-state cider manufacturer may not ship direct to consumers in South Dakota.

LICENSING

What license does South Dakota require for out-of-state suppliers to sell to in-state wholesalers?

South Dakota does not require out-of-state cider suppliers to be licensed by the state to sell to South Dakota wholesalers.

Does South Dakota require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, South Dakota does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does South Dakota require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, South Dakota requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does South Dakota require price posting?

No, South Dakota does not require posting prices.

Does South Dakota require Distributor Agreements to be filed with state regulators?

No, South Dakota does not require cider makers to file Distributor Agreements state regulators.

Does South Dakota require territory assignments to be filed with state regulators?

No, South Dakota does not require cider makers to file their territory assignments with state regulators.

Does South Dakota have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, South Dakota does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in South Dakota?

In South Dakota, suppliers can provide a maximum of three liters as samples to retailers, but only of brands the retailer has not purchased in the last 12 months.

Are there franchise rules in South Dakota that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in South Dakota there are not franchise rules that can apply to cider suppliers and their ability to negotiate or cancel their distributor agreements.

Does South Dakota have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, South Dakota has sourcing restrictions on from whom wholesalers can purchase.

Does South Dakota require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, South Dakota requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is South Dakota's excise tax rate on sales of cider?

South Dakota imposes a tax on cider of $0.28 per gallon.

Does South Dakota require out-of-state suppliers to remit the excise taxes?

No, South Dakota does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with South Dakota on their sales to in-state wholesalers?

South Dakota requires suppliers to file a monthly report detailing their sales to wholesalers.

Tennessee

How does Tennessee define "cider"?
Tennessee does not have a specific definition of cider. However, Tennessee's definition of wine (57-3-101(24), specifically requires wines to be made from grapes; as such, the Tennessee ABC has confirmed that they will treat most ciders as a malt beverage product, though high-ABV (greater than 8.5%) "apple wines" may be sold as a wine in the state.

What are the rules in Tennessee for selling "apple wines" or other fruit-based alcoholic beverages with an alcohol content above the stated threshold for "ciders"?
In Tennessee, ciders that have an ABV that exceeds the 8.5% threshold may be regulated as a wine.

  • Is Tennessee a control state?

    No, Tennessee is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Tennessee?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Tennessee.

  • Can an out-of-state cider manufacturer ship direct to consumers in Tennessee?

    No, an out-of-state cider manufacturer may not ship direct to consumers in Tennessee.

LICENSING

What license does Tennessee require for out-of-state suppliers to sell to in-state wholesalers?

Tennessee requires out-of-state cideries to hold a Non-resident Seller's License to sell to Tennessee wholesalers.

How much does Tennessee charge for the supplier license?

A Tennessee Non-resident Seller's License costs $150 if selling less than 100 cases annually to the state, or $250 annually for unlimited sales.

Does a cider supplier need to have money held in bond to obtain a license in Tennessee?

Tennessee does not require suppliers to hold a bond in the state to apply for a license.

Does Tennessee require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Tennessee requires salespersons employed by a supplier to hold a Suppliers Representative Permit.

REGISTRATIONS

Does Tennessee require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Tennessee requires that cider products are registered per brand before they can be sold to in-state wholesalers. 

Does Tennessee require price posting?

No, Tennessee does not require posting prices.

Does Tennessee require Distributor Agreements to be filed with state regulators?

Yes, Tennessee requires Distributor Agreements to be filed with state regulators.

Does Tennessee require territory assignments to be filed with state regulators?

Yes, Tennessee requires territory assignments to be filed with state regulators.

Does Tennessee have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Tennessee does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Tennessee?

In Tennessee, cider suppliers may provide no more than one 1.75mL container per brand per retailer, and only of brands that the retailer has not purchased in the previous 12 months.

Are there franchise rules in Tennessee that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Tennessee there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Tennessee have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Tennessee has sourcing restrictions on from whom wholesalers can purchase.

Does Tennessee require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Tennessee requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Tennessee's excise tax rate on sales of cider?

Tennessee imposes a barrelage tax on cider at a rate of $4.29 per 31-gallon barrel, and separate wholesale tax of $35.60 per 31-gallon barrel. Both taxes are to be paid by the Tennessee wholesaler, but are remitted separately to different state and local agencies.

Does Tennessee require out-of-state suppliers to remit the excise taxes?

No, Tennessee does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Tennessee on their sales to in-state wholesalers?

Tennessee requires cider suppliers to file a monthly report providing copies of their wholesaler invoices.

Texas

How does Texas define "cider"?
Texas' statutes do not provide a specific definition of cider. However, ciders would fall generally under the statutory definition of wine, as a "product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers and saké" (Texas Bev Alc Law 1-04(7)). Further, the Texas ABC website confirms that ciders are a type of "wine" and ciders are mentioned as a wine within Texas ABC Regulations for marketing practices (TAC 16-3-45.2(17)).

  • Is Texas a control state?

    No, Texas is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Texas?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Texas.

  • Can an out-of-state cider manufacturer ship direct to consumers in Texas?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Texas.

LICENSING

What license does Texas require for out-of-state suppliers to sell to in-state wholesalers?

Texas requires out-of-state cideries to hold a Nonresident Seller's License to sell to Texas wholesalers.

How much does Texas charge for the supplier license?

A Texas Nonresident Seller's License costs $1,800 for a two-year term.

Does a cider supplier need to have money held in bond to obtain a license in Texas?

Texas does not require suppliers to hold a bond in the state to apply for a license.

Does Texas require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

No, Texas does not require suppliers' representatives to be licensed.

REGISTRATIONS

Does Texas require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Texas requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Texas require price posting?

No, Texas does not require posting prices.

Does Texas require Distributor Agreements to be filed with state regulators?

No, Texas does not require Distributor Agreements to be filed with state regulators.

Does Texas require territory assignments to be filed with state regulators?

No, Texas does not require territory assignments to be filed with state regulators.

Does Texas have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Texas does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Texas?

In Texas, wholesalers only may provide retailers with samples, and no more than three liters of brands the retailer has not purchased before.

Are there franchise rules in Texas that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Texas there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Texas have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Texas has sourcing restrictions on from whom wholesalers can purchase.

Does Texas require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Texas requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Texas's excise tax rate on sales of cider?

Texas imposes a tax on cider of $0.204 per gallon.

Does Texas require out-of-state suppliers to remit the excise taxes?

No, Texas does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Texas on their sales to in-state wholesalers?

Texas requires out-of-state cider suppliers to file the C-205 Nonresident Seller's Report.

Utah

How does Utah define "cider"?
In Utah, "hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041. - 32b-1-102(48) [i.e., as wine].

  • Is Utah a control state?

    Yes, Utah is a control state and cider must be distributed through the Utah Control Board.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Utah?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Utah.

  • Can an out-of-state cider manufacturer ship direct to consumers in Utah?

    No, an out-of-state cider manufacturer may not ship direct to consumers in Utah.

LICENSING

What license does Utah require for out-of-state suppliers to sell to in-state wholesalers?

No license is required for out-of-state cider suppliers to sell to the Utah ABC.

Does Utah require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

In Utah, suppliers are not required to have a local representative, but if they do engage someone to review their operations with the ABC, that person must be a Utah resident or corporation and hold a Manufacturer's Representative License.

REGISTRATIONS

Does Utah require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Utah requires that any ciders being sold to the state control board be "listed" with the state.

Does Utah require price posting?

Yes, suppliers selling through the Utah control board will need to maintain a regular pricing model with the state.

Does Utah have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Utah does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Utah?

In Utah, suppliers may only provide samples to retailers at trade shows, and only if they comply with extensive regulatory restrictions.

Are there franchise rules in Utah that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Utah there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Utah have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Utah does not have sourcing restrictions on from whom wholesalers can purchase.

Does Utah require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Utah requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Utah's excise tax rate on sales of cider?

Instead of excise taxes, Utah imposes a standard mark-up on all products distributed through the Utah Control Board. More information on how they calculate a markup can be found here.

Does Utah require out-of-state suppliers to remit the excise taxes?

No, as a control state, the Utah Alcohol Beverage Control Board will directly apply the mark-up on ciders sold in Utah.

What follow-up reports are out-of-state suppliers required to file with Utah on their sales to in-state wholesalers?

Utah only requires out-of-state cider suppliers to file a regular report on shipments made to military bases.

Vermont

How does Vermont define "cider"?
Vermont does not have a specific definition of cider. However, ciders would fall generally under the state's definition of wine, as they include "all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit" - 7-1-2(41).

  • Is Vermont a control state?

    Yes, Vermont is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Vermont?

    Yes, holders of a Vermont Direct Ship to Retail License may sell up to 5,000 gallons a year directly to Vermont retailers, but no more than 100 gallons may be sold to any individual retailer.

  • Can an out-of-state cider manufacturer ship direct to consumers in Vermont?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Vermont.

LICENSING

What license does Vermont require for out-of-state suppliers to sell to in-state wholesalers?

Vermont requires out-of-state cideries to hold a Certificate of Approval to Distribute Vinous Beverages to sell to Vermont wholesalers.

How much does Vermont charge for the supplier license?

A Vermont Certificate of Compliance costs $985.

Does a cider supplier need to have money held in bond to obtain a license in Vermont?

Vermont does not require suppliers to hold a bond in the state to apply for a license.

Does Vermont require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Vermont does not require suppliers to hold a bond in the state to apply for a license.

REGISTRATIONS

Does Vermont require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Vermont requires suppliers to register their products sold in the state with the Agency of Natural Resources to comply with the state's Bottle Bill.

Does Vermont require price posting?

No, Vermont does not require posting prices.

Does Vermont require Distributor Agreements to be filed with state regulators?

Yes, Vermont requires Distributor Agreements to be filed with state regulators through an application for a Certificate of Approval.

Does Vermont require territory assignments to be filed with state regulators?

Yes, Vermont requires territory assignments to be filed through the application for a Certificate of Approval. 

Does Vermont have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Vermont has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Vermont?

In Vermont, samples may only be brought to a retailer at the request of the retailer. Notice may need to be provided to the LCB before a sampling can proceed.

Are there franchise rules in Vermont that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Vermont there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Vermont have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Vermont does not have sourcing restrictions on from whom wholesalers can purchase.

Does Vermont require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Vermont requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Vermont's excise tax rate on sales of cider?

Vermont imposes a tax on cider of $0.55 per gallon.

Does Vermont require out-of-state suppliers to remit the excise taxes?

No, Vermont does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Vermont on their sales to in-state wholesalers?

Vermont does not require out-of-state suppliers to provide a report on the ciders they have sold into the state.

Virginia

How does Virginia define "cider"?
In Virginia, "wine" means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. "Wine" includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume. - 4.1-100

  • Is Virginia a control state?

    Yes, Virginia is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Virginia?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in Virginia.

  • Can an out-of-state cider manufacturer ship direct to consumers in Vermont?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Virginia.

LICENSING

What license does Virginia require for out-of-state suppliers to sell to in-state wholesalers?

Virginia requires out-of-state cideries to hold a Wine Importer's License to sell to Virginia wholesalers.

How much does Virginia charge for the supplier license?

A Virginia Wine Importer's License costs $370, plus a $195 initial application fee.

Does a cider supplier need to have money held in bond to obtain a license in Virginia?

Virginia does not require suppliers to hold a bond in the state to apply for a license.

Does Virginia require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Virginia requires salespersons employed by a supplier to hold a Solicitor Salesman's Permit.

REGISTRATIONS

Does Virginia require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Virginia requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Virginia require price posting?

Yes, Virginia requires suppliers to regularly post their prices with the state.

Does Virginia require Distributor Agreements to be filed with state regulators?

Yes, Virginia requires Distributor Agreements to be filed with state regulators.

Does Virginia require territory assignments to be filed with state regulators?

Yes, Virginia requires territory assignments to be filed with state regulators.

Does Virginia have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

Yes, Virginia has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Virginia?

In Virginia, only licensed representatives may provide samples of no more than 1.5 L, which are properly labeled as samples.

Are there franchise rules in Virginia that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Virginia there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Virginia have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Virginia has sourcing restrictions on from whom wholesalers can purchase. 

Does Virginia require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Virginia requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Virginia's excise tax rate on sales of cider?

Virginia imposes a tax on cider of $0.40 per liter.

Does Virginia require out-of-state suppliers to remit the excise taxes?

No, Virginia does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Virginia on their sales to in-state wholesalers?

Virginia does not require out-of-state suppliers to provide a report on the ciders they have sold into the state.

Washington

How does Washington define "cider"?
In Washington, "wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel, and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume - 66.04.010(48(a)). Ciders are further distinguished from other wine products sold in Washington for tax purposes, with ciders with an ABV of 8.5% or less receiving a lower excise tax rate (66.24.210(6)).

  • Is Washington a control state?

    No, Washington is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Washington?

    Yes, holders of a Certificate of Approval can sell directly to retailers in Washington if they receive an additional permit from the state.

  • Can an out-of-state cider manufacturer ship direct to consumers in Washington?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Washington.

LICENSING

What license does Washington require for out-of-state suppliers to sell to in-state wholesalers?

Washington requires out-of-state cideries to hold a Wine Out-of-State Certificate of Approval to sell to Washington wholesalers.

How much does Washington charge for the supplier license?

A Washington Out-of-State Certificate of Approval costs $200.

Does a cider supplier need to have money held in bond to obtain a license in Washington?

Washington does not require suppliers to hold a bond in the state to apply for a license.

Does Washington require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Washington requires salespersons employed by a supplier to hold an Agent License.

REGISTRATIONS

Does Washington require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Washington requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does Washington require price posting?

No, Washington does not require posting prices.

Does Washington require Distributor Agreements to be filed with state regulators?

Yes, Washington requires Distributor Agreements to be filed with state regulators when applying for a COA.

Does Washington require territory assignments to be filed with state regulators?

No, Washington does not require territory assignments to be filed with state regulators.

Does Washington have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Washington does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Washington?

In Washington, suppliers may provide a maximum of one liter as samples to retailers, but only of brands the retailer has not purchased previously.

Are there franchise rules in Washington that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

No, in Washington there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Washington have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, in Washington there are not franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does Washington require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, Washington does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Washington's excise tax rate on sales of cider?

Washington imposes a tax on cider of $0.2292 per liter.

Does Washington require out-of-state suppliers to remit the excise taxes?

No, Washington does not require out-of-state suppliers to remit excise taxes on their products sold in the state.

What follow-up reports are out-of-state suppliers required to file with Washington on their sales to in-state wholesalers?

Washington requires out-of-state cider suppliers to file the Liquor Shipment and Tax Report.

West Virginia

How does West Virginia define "cider"?
In West Virginia, hard cider means a type of wine that is derived primarily from the fermentation of apples, pears, peaches, honey, or other fruit, or from apple, pear, peach, or other fruit juice concentrate and water; contains no more than 0.64 grams of carbon dioxide per 100 milliliters; contains at least one half of one percent and less than 12 and one half percent alcohol by volume; and is advertised, labeled, offered for sale, or sold, as hard cider or cider containing alcohol, and not as a wine, wine product, or as a substitute for wine. 60-8A-1

  • Is West Virginia a control state?

    Yes, West Virginia is a control state, but cider is sold in the private sector.

  • Can an out-of-state cider manufacturer self-distribute to retailers in West Virginia?

    No, an out-of-state cider manufacturer may not self-distribute to retailers in West Virginia.

  • Can an out-of-state cider manufacturer ship direct to consumers in West Virginia?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in West Virginia.

LICENSING

What license does West Virginia require for out-of-state suppliers to sell to in-state wholesalers?

West Virginia requires out-of-state cideries to hold a Wine Supplier's License to sell to West Virginia wholesalers.

How much does West Virginia charge for the supplier license?

A West Virginia Wine Supplier's License costs $150.

Does a cider supplier need to have money held in bond to obtain a license in West Virginia?

West Virginia requires applicants for a Wine Supplier's License to hold a $10,000 corporate bond in the state.

Does West Virginia require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, West Virginia requires salespersons employed by a supplier to hold a Sales Representative License, which is required to sell the supplier's products in the state.

REGISTRATIONS

Does West Virginia require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, West Virginia requires that cider products are registered per label before they can be sold to in-state wholesalers. 

Does West Virginia require price posting?

No, West Virginia does not require posting prices.

Does West Virginia require Distributor Agreements to be filed with state regulators?

Yes, West Virginia requires Distributor Agreements to be filed with state regulators.

Does West Virginia require territory assignments to be filed with state regulators?

No, West Virginia does not require territory assignments to be filed with state regulators.

Does West Virginia have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, West Virginia does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in West Virginia?

In West Virginia, only wholesalers may provide samples to retailers, and only in bottles that are properly labeled and are no larger than 750 mL.

Are there franchise rules in West Virginia that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in West Virginia there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements.

Does West Virginia have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, West Virginia has sourcing restrictions on from whom wholesalers can purchase.

Does West Virginia require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, West Virginia requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is West Virginia's excise tax rate on sales of cider?

West Virginia imposes a tax on cider of $0.226 per gallon. Further, cideries that are eligible for federal tax credits under 26 U.S.C. 5041(c)(1) are also eligible for credits on their West Virginia taxes for amounts taken out of bond up to 250,000 wine gallons. Cider is also exempted from the liter tax imposed on sales of other wines in West Virginia.

Does West Virginia require out-of-state suppliers to remit the excise taxes?

Yes, West Virginia requires out-of-state suppliers to remit themselves the excise tax on ciders they sell into the state.

What follow-up reports are out-of-state suppliers required to file with West Virginia on their sales to in-state wholesalers?

West Virginia requires out-of-state cider suppliers to file the WNE-01 Monthly Summary Report and Excise Tax Return.

Wisconsin

How does Wisconsin define "cider"?
In Wisconsin, “wine" means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain not less than 0.5 percent nor more than 21 percent of alcohol by volume. - 125-02(22)

  • Is Wisconsin a control state?

    No, Wisconsin is not a control state.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Wisconsin?

    No, out-of-state cider manufacturers may not self-distribute to retailers in Wisconsin, except that small cideries (producing no more than 25,000 gallons in a year) may organize to create a Small Winery Cooperative Wholesaler, which can distribute the cider of its member wineries to Wisconsin retailers.

  • Can an out-of-state cider manufacturer ship direct to consumers in Wisconsin?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Wisconsin.

LICENSING

What license does Wisconsin require for out-of-state suppliers to sell to in-state wholesalers?

Wisconsin requires out-of-state cideries to hold an Out-of-State Shipper's Permit to sell to Wisconsin wholesalers.

How much does Wisconsin charge for the supplier license?

A Wisconsin Out-of-State Shipper's Permit costs $520 for a two-year license.

Does a cider supplier need to have money held in bond to obtain a license in Wisconsin?

Wisconsin requires applicants for an Out-of-State Shipper's Permit to hold a bond of no less than $1,000 but no more than $100,000 in the state.

Does Wisconsin require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Wisconsin requires salespersons employed by a supplier to hold a Salesperson Permit, which is required to solicit orders in the state.

REGISTRATIONS

Does Wisconsin require product brand/labels to be registered before they can be sold to in-state wholesalers?

No, Wisconsin does not require that cider brands/labels be registered with the state.

Does Wisconsin require price posting?

No, Wisconsin does not require posting prices.

Does Wisconsin require Distributor Agreements to be filed with state regulators?

Yes, Wisconsin requires Distributor Agreements to be filed with state regulators. The wholesaler is to provide the state with notice of authority to distribute products.

Does Wisconsin require territory assignments to be filed with state regulators?

Yes, Wisconsin requires Distributor Agreements to be filed with state regulators. The wholesaler is to provide the state with notice of authority to distribute products.

Does Wisconsin have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?

No, Wisconsin does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Wisconsin?

In Wisconsin, retailers may be provided only with samples of brands that they have not previously purchased.

Are there franchise rules in Wisconsin that can restrict a supplier's ability to negotiate or cancel their distributor agreements?

Yes, in Wisconsin there are franchise rules that can restrict a supplier's ability to negotiate or cancel their distributor agreements. Wisconsin applies general rules, not specific to wine, under its "Fair Dealership Law."

Does Wisconsin have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

Yes, Wisconsin has sourcing restrictions on from whom wholesalers can purchase.

Does Wisconsin require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

Yes, Wisconsin requires cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Wisconsin's excise tax rate on sales of cider?

In Wisconsin, ciders with an ABV of 7% or less are taxed at $0.0171 per liter, and ciders with an ABV greater than 7% are taxed at $0,06605 per liter.

Does Wisconsin require out-of-state suppliers to remit the excise taxes?

In Wisconsin, ciders with an ABV of 7% or less are taxed at $0.0171 per liter, and ciders with an ABV greater than 7% are taxed at $0,06605 per liter.

What follow-up reports are out-of-state suppliers required to file with Wisconsin on their sales to in-state wholesalers?

Wisconsin requires out-of-state cider suppliers to file the AB-130 & AB-131 Liquor Tax and Wholesale Schedule.

Wyoming

How does Wyoming define "cider"?
Wyoming does not have a specific definition of cider. However, only "malt beverages" are distinguished from the broader category of "alcoholic liquor" as defined by Wyoming statutes (12-1-101(a)(i)). As such, unless they are derived from malts, ciders would generally be treated as a subset of wines, which has been confirmed by the Wyoming Liquor Control Division.

  • Is Wyoming a control state?

    Yes, Wyoming is a control state, and as a wine-type product, cider must be distributed through the Wyoming Liquor Control Division.

  • Can an out-of-state cider manufacturer self-distribute to retailers in Wyoming?

    Yes, holders of an Out-of-State Shipper License for direct-to-consumer shipping in Wyoming may also sell directly to Wyoming retailers, but only of ciders that are not already listed for sale by the Beverage Control Division.

  • Can an out-of-state cider manufacturer ship direct to consumers in Wyoming?

    Yes, an out-of-state cider manufacturer may ship direct to consumers in Wyoming.

LICENSING

What license does Wyoming require for out-of-state suppliers to sell to in-state wholesalers?

Wyoming does not requires out-of-state cideries to hold a license to sell to the Wyoming Beverage Control Board.

Does Wyoming require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?

Yes, Wyoming requires any party who represents a wine producer in front of the Beverage Control Board to hold a Supplier's Representative license.

REGISTRATIONS

Does Wyoming require product brand/labels to be registered before they can be sold to in-state wholesalers?

Yes, Wyoming requires that ciders sold through the state's control board be "listed" with the state.

Does Wyoming require price posting?

Yes, suppliers selling through the Wyoming control board will need to maintain a regular pricing model with the state.

DISTRIBUTOR RELATIONSHIPS

How can a supplier provide samples to retailers in Wyoming?

In Wyoming, not more than 1.5 L of any wine, nor more than three L total of all wines, may be provided to a retailer by a Licensed Industry Representative.

Does Wyoming have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?

No, Wyoming does not have sourcing restrictions on from whom wholesalers can purchase.

Does Wyoming require cider to come to rest at a wholesaler warehouse before being delivered to retailers?

No, Wyoming does not require cider to come to rest at a wholesaler warehouse before being delivered to retailers.

FILINGS

What is Wyoming's excise tax rate on sales of cider?

In Wyoming, instead of excise taxes, the Beverage Control Board imposes a standard mark-up on all wines.

Does Wyoming require out-of-state suppliers to remit the excise taxes?

No, as a control state, the Wyoming Liquor Control Division will directly apply the mark-up on ciders sold in Wyoming.

What follow-up reports are out-of-state suppliers required to file with Wyoming on their sales to in-state wholesalers?

Wyoming does not require out-of-state suppliers to provide a report on the ciders they have sold into the state.