Section R19-1-104. Shipping Container Labeling; Shipping Require- ments

A.      An individual or entity, whether licensed or unlicensed under

A.R.S. Title 4 and this Chapter, shall ensure that spirituous liquor shipped or offered for shipping within this state for a commercial purpose is in a container that is clearly and con- spicuously labeled with or is accompanied by a shipping docu- ment containing the following information:

1.        Name of the individual or entity consigning or shipping the spirituous liquor,

2.        Name and address of the individual or entity to whom the spirituous liquor will be delivered, and

3.        Identification of the spirituous liquor.

B.       An individual who transports spirituous liquor other than beer from a wholesaler to a licensed retailer shall ensure that:

1.        The individual possesses a bill or memorandum from the wholesaler to the licensed retailer showing the:

a.         Name and address of the wholesaler,

b.        Name and address of the licensed retailer, and

c.         Quantity and type of the spirituous liquor sold and transported; and

2.        The bill or memorandum referenced under subsection (B)(1) is exhibited on demand by any peace officer.

C.      An individual or entity that ships or offers for shipping spiritu- ous liquor from a point outside Arizona to a final destination in Arizona shall ensure that:

1.        With the exception of wine that is being shipped under A.R.S. § 4-203.04(J) or A.R.S. § 4-205.04(C)(7) or (9) by a domestic farm winery licensee or beer that is being shipped under A.R.S. § 4-205.08(D)(5) by a domestic microbrewery licensee, the spirituous liquor is consigned to a wholesaler authorized to sell or deal in the particular spirituous liquor being shipped; and

2.        The spirituous liquor is placed for shipping with:

a.         A common carrier or transportation company that is in compliance with all Arizona and federal law regarding operation of an interstate transportation business, or

b.        The wholesaler to whom the spirituous liquor is con- signed.

D.      A common carrier or transportation company hired to trans- port spirituous liquor from a point outside Arizona to a final destination in Arizona shall ensure that:

1.        The common carrier or transportation company maintains possession of the spirituous liquor from the time the spir- ituous liquor is placed for shipping until it is delivered; and

2.        With the exception of spirituous liquor that is being shipped under A.R.S. § 4-203.04(J) or A.R.S. § 4- 205.04(C)(7) or (9) by a domestic farm winery licensee, the spirituous liquor is delivered to the licensed premises of the wholesaler to whom the spirituous liquor is con- signed.

E.       An individual or entity shall not construe this Section in a manner that interferes with the interstate shipment of spiritu- ous liquor, including beer and wine, through this state if the spirituous liquor, as it passes through this state, is under the control of a common carrier or transportation company hired to transport the spirituous liquor.

F.       This Section is authorized by A.R.S. § 4-112(B)(1)(a).

Historical Note

Former Rule 4; Former Section R4-15-04 renumbered as Section R4-15-104 without change effective October 8, 1982 (Supp. 82-5). Repealed effective March 3, 1993 (Supp. 93-1). R19-1-104 recodified from R4-15-104 (Supp. 95-1). New Section made by final rulemaking at

19 A.A.R. 1338, effective July 6, 2013 (Supp. 13-2).

Note

Editor’s Note: The following Section was amended under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1996, Chapter 307 §

18. Although exempt from certain provisions of the rulemaking process, the Department was required to provide for reasonable notice and hearing. This Section was not reviewed by the Gover- nor’s Regulatory Review Council; and the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register (Supp. 97-2).