State rules guide
Texas wine shipping & label registration basics
What an out-of-state winery needs to ship wine directly to consumers in Texas, and whether Texas requires label or brand registration. Regulator: Texas Alcoholic Beverage Commission (TABC).
Summary
Key facts
- DTC permit for out-of-state wineries
- Out-of-State Winery Direct Shipper’s Permit (DS)
- Law
- Texas Alcoholic Beverage Code ch. 54
- Fee
- $470, valid for two years
- Volume limit
- 9 gallons per consumer per calendar month; 36 gallons per consumer per 12 months
- Carrier
- Delivery only by a business holding a TABC Carrier’s Permit (C)
- State label approval
- Not needed for DS holders who have met all federal label-approval requirements (§54.10)
Direct-to-consumer shipping: getting the permit
U.S. wineries outside Texas need TABC’s Out-of-State Winery Direct Shipper’s Permit to ship directly to consumers 21 or older. To qualify you must:
- Not hold a Texas Winery Permit (G).
- Operate a U.S. winery holding all required state and federal permits, including the federal basic permit.
- Hold a Texas sales tax permit from the Comptroller (free); the permit number goes on your application.
- Submit to personal jurisdiction in Texas courts, with Travis County as venue for proceedings involving TABC.
- Have no direct or indirect financial interest in a Texas wholesaler or retailer.
Apply through TABC’s AIMS system. TABC sends excise-tax reporting instructions after the permit is issued.
After you’re permitted: ongoing rules
- Ship only wine you produced or bottled, and only for personal use, not resale.
- No more than 9 gallons per consumer per month and 36 gallons per consumer per 12 months.
- Label each package to show it contains wine, and use a carrier with a TABC Carrier’s Permit.
- Deliver only to the purchaser, a recipient they named in advance, or a person 21 or older at the address who shows ID and signs.
- Pay Texas sales and excise taxes at the same rates as Texas wineries. File the excise tax report even in periods with no shipments.
- Keep complete sales and delivery records for at least five years; renew every two years.
Label and brand registration
DS permit holders don’t need TABC label approval or product registration for a brand that has met all federal label-approval requirements (Alcoholic Beverage Code §54.10). If you also sell through Texas wholesalers under a different permit (such as a Nonresident Seller’s Permit), TABC product registration applies: one COLA per application through AIMS, with a $25 processing fee each.
How Vintners Desk can help
We prepare the TX application from your intake ($239 for the first state, $199 for each additional state in the same order), list the tax registrations you need, submit, and add renewal and reporting dates to your calendar. State fees are paid by you to the state.
- Excise and sales tax report frequency for DS holders (TABC sends instructions after the permit is issued).