Title 2, Subtitle I | Small Farm Winery Operations

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Section 2.70
“Small Farm Winery”
means a wine-making establishment that does not produce for sale more than two-hundred fifty thousand (250,000) gallons of wine, the alcoholic content of which is not less than one-half of one percent (0.5%) and which does not exceed twenty-one percent (21%) by weight, per calendar year, as reported on the federal tax report form TTB 5210-17, as it existed on January 1, 2007. (Adopted 8-15-07) 

Section 2.71
“Small Farm Wine Grocery Store”
means an establishment that has more than fifty thousand dollars ($50,000) of inventory of human consumable items. The applicant must prove the inventory requirement to apply for or renew the small farm wine retail permit. The establishment must be of such a nature and size that it offers a full range of typical grocery store items including, but not limited to, fresh produce, fresh meat, laundry detergents, frozen foods, dairy products, breads and other such items. The above list is not all inclusive. (Adopted 8-15-07) 

Section 2.72
“Small Farm Wine Convenience Store”
means an establishment which sells convenience goods, such as a limited range of grocery, snack items, and other human consumables or both convenience goods and motor fuel. The convenience store must prove, in order to apply for or renew the Small Farm Wine retail permit for convenience stores, that it has in inventory at least seven thousand five hundred dollars ($7,500) worth of human consumable food items. (Amended 8-21-13) 

Section 2.73 Small Farm Winery may bottle and sell wines produced by another licensed small farm winery.
Under the provisions of Act 668 of 2007 a small farm winery license authorizes the permittee to manufacture and bottle wines produced by that small farm winery. In addition a small farm winery license authorizes the holder of that permit to bottle and sell wines produced by another small farm winery. In order for a small farm winery to bottle and sell another small farm winery’s products both the selling winery and the buying winery must be small farm winery permit holders as defined in Act 668 of 2007. (Adopted 8-15-07) 

Section 2.74 Product Source for Small Farm Wine.
Small farm wine means wine made from grapes, berries, other fruits, honey or vegetables. Small farm wine includes mead. (Adopted 8-15-07)

Section 2.75 Direct Shipment of Vinous Liquor to Arkansas Residents. 
Any winery licensed by this state or the state where its principal place of business is located and which is registered with the Alcoholic Beverage Control Division pursuant to ACA § 3-5-1703 may ship vinous liquor to an Arkansas consumer. Prior to the winery’s first shipment into or within the state the winery shall (1) register with the Alcoholic Beverage Control Division; (2) provide the division with a copy of the winery’s current licenses to manufacture wine issued by: (A) the state of domicile; and (B) the Alcohol and Tobacco Tax and Trade Bureau of the United States Treasury; and (3) pay a registration fee of twenty-five dollars ($25.00).

A consumer must be physically present at the winery to purchase the vinous liquor to be shipped into or within the state and must provide identification to the shipping winery that the consumer is at least twenty-one (21) years old. 

A winery shall ship only a vinous liquor to a private residence and may only ship one case of vinous liquor per consumer in any calendar quarter. 

A shipment of a vinous liquor shall have a shipping label provided by the Alcoholic Beverage Control Division affixed to the shipping package. The fee for each label shall not exceed ten dollars ($10.00).

A winery shall have the vinous liquor delivered to an Arkansas consumer during the hours of the day that alcoholic beverages may be purchased in the state. 

A winery shall collect and remit to the Department of Finance and Administration all sales taxes and excises taxes due on a sale to an individual of this state as if the sale took place on the premises of an Arkansas Small Farm Winery, including without limitation taxes under ACA § § 3-5-1605, 3-7-104, 3-7-111, and 3-7-201. (Adopted 8-21-13)

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