Industry Announcement
NEBRASKA LIQUOR CONTROL COMMISSION
11/15/23
Per Neb Rev Statute 53-165.01, the Nebraska Liquor Control Commission will begin brand registration beginning 7/1/24: https://nebraskalegislature.gov/laws/statutes.php?statute=53-165.01
53-165.01.
Primary source of supply in the United States; report by licensed manufacturer, licensed wholesaler, or holder of a shipping license; fee.
(1)(a) Beginning July 1, 2024, prior to the sale or shipment of any alcoholic liquor into the State of Nebraska, each licensed manufacturer, licensed wholesaler, or holder of a shipping license shall submit to the commission, along with any applicable fee set by the commission not to exceed thirty dollars, a report on a form prescribed and furnished by the commission, which shall include:
(i) The licensee's name and license number;
(ii) The designated Nebraska licensed wholesaler for such product, if applicable;
(iii) The name of the primary source of supply in the United States;
(iv) The products to be imported, including the brand name, class or type of product, and fanciful name if applicable;
(v) Evidence of compliance with federal label requirements pursuant to the Federal Alcohol Administration Act, 27 U.S.C. chapter 8, and rules and regulations adopted pursuant to such act, as such act and regulations existed on January 1, 2023, or a sample of the actual label if federal approval is not required; and
(vi) Any other information the commission may require related to such sale or shipment.
(b) If the licensed manufacturer, licensed wholesaler, or holder of a shipping license is not the product manufacturer, such licensee shall also include with such form a separate letter from the product manufacturer designating such licensee as the primary source of supply in the United States or the sole source of supply in Nebraska. A separate letter is required for each primary source.
(2) If the primary source of supply in the United States for such alcoholic liquor changes, the new licensed manufacturer, licensed wholesaler, or holder of a shipping license importing such alcoholic liquor shall submit the information required pursuant to subsection (1) of this section at least thirty days prior to the shipment of such alcoholic liquor into this state. The licensed manufacturer, licensed wholesaler, or holder of a shipping license shall also remit to the commission any applicable fee set by the commission not to exceed thirty dollars.
(3) Nothing in this section shall restrict or prohibit the importation of alcoholic liquor to a Nebraska licensed wholesaler from an affiliated wholesaler if (a) the report required by this section has previously been submitted for the alcoholic liquor product being imported, (b) the report designates the Nebraska licensed wholesaler for such product, and (c) the product was obtained by the affiliated wholesaler from the same primary source of supply identified on the report.
(4) The commission shall remit any fees collected pursuant to this section to the State Treasurer for credit to the Nebraska Liquor Control Commission Rule and Regulation Cash Fund.
(5) The commission may adopt and promulgate rules and regulations to carry out this section.
Brand registration begins in Nebraska 7/1/24 and will be accomplished by Nebraska’s new software called POSSE from Computronix which goes live in Nebraska in May 2024.
Rules and regulations are being created to set the fee. All suppliers & manufacturers that hold shipping licenses in the State of Nebraska will be required to submit their products and pay a fee (proposing $10) and a copy of the Certificate of Label Authority (COLA).
If the holder of the shipping license is not the product manufacturer, such licensee shall also include with their application for license or renewal, a letter from the product manufacturer designating such licensee as the primary source of supply in the United States or the sole source of supply in Nebraska. A separate letter is required for each primary source.
If there are any questions regarding the implementation of Neb. Rev. Statute 53-165.01, please feel free to contact the NLCC offices by phone at (402) 471-2571 or email lcc.frontdesk@nebraska.gov.
Signed by,
Hobert Rupe
Executive Director
