America's Beer Distributors

On April 15, 2010, H.R. 5034, “The Comprehensive Alcohol Regulatory Effectiveness Act of 2010” or “CARE Act,” was introduced in the U.S. House of Representatives by Rep. Bill Delahunt (D-MA), Rep. Howard Coble (R-NC), Rep. Mike Quigley (D-IL) and Rep. Jason Chaffetz (R-UT). 

The CARE Act aims to clarify congressional intent that states have primary authority to regulate alcohol; prevent the additional erosion of state-based alcohol regulation through the expansion of the Granholm v. Heald decision, but not allow facial discrimination against out-of-state alcohol producers; and clarify that state alcohol laws are presumed to be valid and that plaintiffs should have the burden of proof.

“It’s encouraging that Congress has taken an interest in addressing issues related to alcohol deregulation and the problems resulting from continuing litigation against the states,” said National Beer Wholesalers Association President Craig Purser.

“More than 25 states have faced challenges to their authority to regulate alcohol and their ability to maintain a licensed system of alcohol controls,” Purser continued.  “With the CARE Act, Congress is taking an important step toward preventing the erosion of the states’ ability to regulate alcohol by clarifying its intent that states have the primary authority to regulate alcohol and reaffirming its commitment to effective state-based regulation which promotes responsible consumption and maintains an orderly market.”

For information on the bill from the Library of Congress, including text, status and list of cosponsors, click here.

For background on the ongoing legal challenges to states’ authority to regulate alcohol, visit www.AlcoholLawReview.com.

For a section-by-section analysis of the bill, click here.

Read Fact vs. Fiction on H.R. 5034 here.