Title 44, Article 3, Section 44-3-901(4)(a) of Colorado law states that it is unlawful to import or sell any alcoholic beverages unless the seller is the primary source of supply in the United States and holds a valid Colorado Importer’s License. [Refer also to CO Law, Title 44, Article 3, Section 44-3-901(4)(d).] Alcoholic beverages are defined as follows: “…fermented malt beverage or malt, vinous or spirituous liquors, except that ‘alcoholic beverage’ shall not include confectionery containing alcohol within the limits prescribed by the Colorado statutes.” [CO Law, Title 44, Article 3, Section 44-3-103(2).]

No statutory or regulatory provisions noted. However, wholesalers are required to purchase from the primary source of American supply by administrative decision of the Alcoholic Beverage Control Commission. Contact the Commission directly for further clarification if necessary.

No specific statutory or regulatory provisions noted. However, Title IV, Subtitle 1, Chapter 123, Section 123.180, of Iowa law requires that Class “A” Wine Permit holders (wholesalers) shall sell only those brands of wine that are manufactured, bottled, shipped, fermented or imported by a holder of a current Vintner’s Certificate of Compliance. This section further requires that all Vintner’s Certificate of Compliance holders file a list with the Alcoholic Beverages Division indicating the Class “A” licensees with whom they intend to conduct business.

Wholesalers are required to purchase alcoholic beverages from the Primary American Source of Supply. It is unlawful for a wholesaler to sell any alcoholic beverages in the District of Columbia that have not been purchased from the primary source of American supply. [DC Regulations, Title 23, Chapter 9, Rule 900.]

Arkansas malt beverage wholesalers may purchase only from the primary source of American supply. In order to be the “Primary Source of American Supply,” the selling entity must be the closest source to the manufacturer in the channel of commerce from whom the product can be obtained by the Arkansas wholesaler. [AR Law, Title 3, Chapter 5, Subchapter 13, Section 3-5-1308.] There are no primary source provisions for wine or distilled spirits; however see Section 3, Subsection 3.1, Label/Product Registration, for brand registration requirements, which as a practical matter makes it impossible for Arkansas wholesalers to purchase from other than the primary source of supply, or its duly appointed agent.

Wholesalers must purchase only from the primary source of American supply. Suppliers must file registration applications on forms supplied by the Division of Alcoholic Beverages and Tobacco and these are to be updated as necessary. Intrastate transfers of distilled spirits and/or wine between Florida wholesalers are allowed. [FL Regulations, Chapter 61A-4, Section 61A-4.056 and FL Law, Title 34, Chapter 565, Section 565.095.] Note: Currently Florida handles registrations on-line via their Electronic Data Transmission Portal.

Wholesalers may purchase only from the brand owner or its authorized agent or from another South Dakota wholesaler who operates only in the state of South Dakota. [SD Law, Title 35, Chapter 35-4, Section 35-4-60.1.]