I would imagine that is true. In fact, when I was traveling a few weeks ago Airport security would not allow me to bring an open bottle of water through security.
That said, I was responding to the issue of state law rules over federal. Not true.
"dick" wrote......
However, according to this piece, Federal Law will be read along side State Law, and in some cases, State Law may have extra restrictions which must be adhered to.
"In addition to federal laws, you must also meet state alcoholic beverage laws, which may be more restrictive than federal laws.
This means that if the state in which you arrive permits less liquor, wine, or beer than you have legally brought into the United States, that state's laws apply to your importation of alcoholic beverages for personal use."
Thus, in the example which Ian quotes, that is entering the USA through Boston, Massachusetts, the quantity of liquor, beer or wine allowed to be imported, by resident or non-resident is ZERO.
I stand corrected.
However, I would highly suggest checking with the Airline on this matter.
Mass. Law also states that you cannot utilize common carrier to ship. What it allows a person to carry may differ...
But I do stand on the point that Federal Law supercedes State law. However in this case Federal Law Stipulates to state rights on Booze. (Nice leftovers of the Prohibition Era)
] "dick" wrote...... ] ][blah blah snipped]
I suggest respectfully that we put the sorry subject to rest...
Different Customs Agents quoting different regs is classic. Try arguing with one using the opinion of another, I guarantee you that you'll be there for a while. (As Ian intimated).
My experience both pre and post 9/11 at Boston Logan is that there is no problem at all bringing a couple of bottles in. Ian, I think you worry too much, but up to you of course.
Some parisian-american friends recently brought a 5 l BiB to NY (against my advice) because of the high price of juice in town. They had now problem, the thing was checked.
However, Ian, as some other poster mentioned, never admit to having been on a farm. I did once after having visited my sister's in Wales, they confiscated my (clean) boots and made me wait 3 hours for their return; really clean, they had been microwaved and cleaned with toothpicks, apparently. That's service! (Kennedy, not Logan, for that one).
-E
Yes, I have French friends who visit , and always bring wine. Never had a problem. I guess difference between flying into to Boston vs. Newark or JFK.
Dale
Dale Williams Drop "damnspam" to reply
Alcohol is the only item that has its own funky rules. I am sure this applies to people driving into Mass as well - though there are no checkpoints and I doubt anyone who resides in Mass knows about it (and if it were universally enforced, can you imagine how fast that restriction would be lifted?).
Sorry about your loss - this seems to be a rather exceptional case.
Interestingly enough, there is a case going to the Supreme Court saying that some of those restrictions (like the ones involving felonies) might not be constitutional, even with the detritus left over form the removal of the Volstead Act (Prohibition). I understand this goes to the Supreme court all the time.
It got brought up with internet sales of wine and liquor. The States want to collect sales tax on any things bought in the internet, declaring items are bought "in the state" but when it comes to alcohol, want to make it not so so they can prohibit importation by common carrier (though person to person shipping not involving the exchange of money may be an exception). The various lawyers and so on will make the criminalizing of this activity (they will bring the seller up on felony charges - and have done so) illegal even under the current constitutional regulations.
Interesting - I have had friends fly Virgin to and from the UK and came back laden with Single Malt - paid duty on it and went on through.
Funny 'ol world. This was before 9/11 though.
In September 2003 I was in Boston for a wedding in family. Brought with me
1 case of champagne and no problem.Some 8 years ago returning from France my wife and I were re-routed through Logan and remained there overnight. I was carrying on almost a case of wine between the two of us from Burg.
No issue clearing customs.
I would have been pissed if there was an issue and can understand being cautious. But I don't really think there is much to worry about.
#1-Practical sense tells me that the Customs Officers represent Federal Gov. not State and they DO NOT enforce State if they are Fed. Agents.
#2-State does not have enough money to enforce. They probably have less than 10 persons statewide on this from State employees.
#3. Finally North Carolina, where I live, has laws on books regarding the criminalization on sex. Other than missionary position you cannot engaged lawfully with women on top, woman must be your wife, all other forms of sex, oral and otherwise constitute a criminal offense.
My guess is both wine and sex enforcement would be about the same....virtually non-existent.
I know that in Indiana there are "open container" laws for vehicles and sometimes on the street. They are only occasionally enforced.
Prohibition is *slowly* being dismantled - but the damage was done.
And sometimes it is an attempt to prevent drinking and driving at the same time. At least that is how the anti-opened-container-in-the-car laws were explained to me. Each state is different - and there is a thicket of container laws (opened, closed, in a car, not in car, with driver, with passenger, public intoxication, and so on) and license categories all trying to appease people (Prohibitionists) after and before Prohibition.
There are some counties in Tennessee that are *still* "dry" counties - where even the possession of alcohol is a crime - though rarely enforced. Though the liquor stores just over the county lines tend to do rather well.
And here in NY, they just changed a law that closed liquor stores on Sunday, now the liquor store can open any 6 days in a week *if* they register for such. There are a couple that are open on Sunday and closed on Monday.
Wonder who gets the wine? Hmmmmm? :)
Kansas is no longer a dry state, I think it was the late 40's or early 50's when it was repealed. They were the first state to have Prohibition. Mississippi was the last state to remove prohibition (in 1966).
For importation of wines -
Also keep in mind that you were given the party line - the true regulations. It is likely you will see a lot of folks bringing bottles in no-problem. It is likely that the Mass rules won't be enforced as much as the US rules.
Still, a risk.
considering teh 49% obesity rate, that may ne a good thing :-) Zed
Not exactly. In some cases a state can pass a law that is more restrictive than, but does not conflict with, any applicable federal law, and such a law can be enforced by the state. However, the federal government can then turn around and pass a law that overrides that law. This is essentially what happened when Congress passed a law overriding laws in certain states that prohibited shipments of wine to consumers in those states. The law applies only to those states that allow an individual to bring wine into the state by other means (some states prohibit this completely) and applies only when the individual purchases wine at a winery or tasting room and ships it to himself. The law was passed at the behest of (mostly) small California wineries that depend heavily on sales in their tasting rooms. They were losing a lot of business because out-of-state visitors were reluctant to buy wine that they would then have to take back home on an airplane.
The situation is complicated for alcoholic beverages because the amendment that repealed prohibition gave the states certain rights regarding the interstate shipment of such products that they don't have with regard to any other type of product, thanks to the interstate commerce clause in the constitution.
Non-US citizens following this thread probably believe that we in the US have a lot of crazy laws regarding alcohol. Guess what? You're right.
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What you say is true, but it is generally not the responsibility of US Customs agents to enforce state laws. But who knows what kind of informal agreements might have been made between different law enforcement agencies?
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The Vancouver that Bill lives in is in Canada, Ian, although there is one in Washington State. But I'm sure you knew that. Getting wine into Canada from the US could be the subject of another long discussion, but let's don't go there.
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