H.R. 3011: United States Postal Service Shipping Equity Act

This bill, known as the United States Postal Service Shipping Equity Act, proposes to allow the United States Postal Service (USPS) to mail alcoholic beverages. It aims to amend existing laws in Title 18 and Title 39 of the United States Code to facilitate this process while ensuring safety and legality. Below are the main components of the bill:

Mailing Alcoholic Beverages

The bill modifies the current regulations around mailing alcoholic beverages by stating:

• Alcohol can be mailed by a registered and regulated “covered entity,” which may include wineries, breweries, and retailers, under specific circumstances.
• Mailing alcoholic beverages must comply with state delivery requirements where the recipient resides.

Regulatory Framework

The USPS is tasked with creating regulations to manage the mailing of alcohol, ensuring that:

• The shipping method ensures direct delivery to the recipient or an authorized agent.
• The recipient must be at least 21 years old and present valid government-issued identification at delivery.
• The alcohol cannot be for resale or commercial purposes.
• The sender must certify compliance with regulations and possibly prepay state alcohol taxes.

Definitions and Scope

The bill provides definitions for key terms such as:

• Alcoholic Beverage: Defined as per the Federal Alcohol Administration Act.
• Covered Entity: Includes any business that has obtained the necessary permits from the Secretary of the Treasury related to alcohol distribution.

Effective Date

The amendments will take effect either when USPS issues the relevant regulations or two years after the bill is enacted, whichever comes first.

State and Local Regulation

The bill clarifies that it does not override any state, local, or tribal laws that restrict the delivery or sale of alcoholic beverages. This means that existing laws still apply, and states can continue to enforce their own regulations regarding alcohol shipping.

Liability of the USPS

The bill establishes that the USPS could be held liable for violations of state or local laws related to the mailing of alcohol in a manner similar to private individuals. However, the USPS would not be liable for punitive damages or pre-judgment interest.

Relevant Companies

• SABR (Sabre Corporation): May be impacted as a technology provider for online alcohol sales and shipping logistics.
• GOOGL (Alphabet Inc.): Its platforms may be used for marketing and distribution connections in alcohol sales.
• DIS (Disney): Could be affected if they decide to expand their beverage services in events or venues, including mailing services.