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2006 Legislative Update

The Maryland State Senate passed unanimously (47-0) an emergency bill (SB812) to maintain Maryland wineries’ ability to deliver to retail stores and restaurants. This bill, opposed by large, liquor wholesalers, allows small wineries – both in state and out-of-state – to receive a wholesaler’s license to deliver their product to market.

The bill will now be sent to the Maryland House of Delegates for deliberation and vote.

The House is currently considering its own version of this bill (HB 1122), introduced by Delegate Virginia Clagett (D-Anne Arundel), which is in the possession of the House Economic Matters Committee.

Both bills are in response to an order of Comptroller Schaefer suspending the ability Maryland wineries have had since 1951 to deliver directly to retailers and restaurants. The Comptroller’s order was in response to a Supreme Court decision in the Spring of 2005, and a recent lawsuit by a Pennsylvania winery which challenges Maryland law under the Commerce Clause of the United States Constitution.

“Maryland wineries are an important growing part of agriculture and the preservation of agricultural land,” said chief sponsor Senator Thomas “Mac” Middletown (D-Charles Co.). “Everyone in Annapolis realizes we cannot leave this session without addressing this critical issue.”

“This bill is narrowly tailored to work within the existing regulatory system and to ensure full payment of all taxes,” said Senate floor leader Andrew Harris (R-Baltimore Co.).

Senate Bill 812 is an emergency measure, and, if passed by the House of Delegates, will become effective upon signature of the Governor.