Alcohol delivery violation by UPS?

<p>Am I overreacting?</p>

<p>I belong to a wine club where they ship me 2 bottles of wine every 1-2 months via common carrier (UPS). It is clearly marked on the label that they require a signature of someone over 21, as dictated by California law and maybe even Federal. Not so sure about federal, but California, definitely.</p>

<p>Well, I wasn’t home when this was delivered, so my 18 year old signed for it. The driver did not ask for her ID (she does not look 21) and she was unaware that it was wine when she signed for it, or I’m certain she would have said that it wasn’t legal for her to do so and refused to sign for it (yeah, she’s like that).</p>

<p>My question: isn’t this illegal? When I contacted UPS, they could not care less; they merely stated, “it’s not our policy to have the drivers ask for ID.” I told them, policy or not, it’s illegal to provide minors with alcohol in the state of California. Luckily for me, my kids are not the types to have opened the package, consumed two bottles of wine and go on a driving/drunken and disorderly, etc rampage. But, there are plenty of kids in this neighborhood that would.</p>

<p>Sure, the argument could be “well, if you have alcohol in your house your kids could access it at any time” and it would be me who was guilty of having alcohol accessible to minors. But I am not a shipping company, nor am I regulated by whomever regulates this sort of thing. To me, this is akin to serving a minor a drink at a bar.</p>

<p>I’m obiviously not looking to sue UPS or anything, I just want them to be aware that they are breaking the law, and just feel like I should report them to someone.</p>

<p>Yes, I feel you are over reacting.</p>

<p>If you were concerned about your child receiving it, you shouldn’t have it shipped to the house, period.</p>

<p>BTW, many states do not allow shipping of alcoholic beverages for this reason. Since CA has a wine industry, they are more lenient.</p>

<p>Many states do allow interstate shipping of alcohol. However the packages should be marked “Contains Alcohol, Adult Signature (Over 21) Required for Delivery.” </p>

<p>If the package was marked as such, then the responsibility lies with the shipping Co. to ensure that the alcohol is delivered to someone over the age of 21, with proof of age.</p>

<p>If the package was not marked, then the Winery was in violation.</p>

<p>The United States Post Office will not ship alcoholic beverages… if they know that’s what’s in the package. </p>

<p>When I sent some wine to my daughter for her 21st birthday, and it arrived at her sorority house, the driver asked for someone over 21 to sign for it. I want to say the deliverer was Fed Ex. But interestingly, since it was shipping from out west somewhere (I think California), to New York, I received detailed instructions in an e-mail of how it had to go through two or three different shippers to be legal.</p>

<p>That’s right Teriwtt, USPS does not ship alcohol.
But Fed-Ex, UPS etc. do. I’m pretty sure alcohol shipments can only originate from a licensed dealer that holds an alcohol license from their home state and has a permit to manufacture, distribute, or sell alcohol. </p>

<p>There are very stringent rules/laws for the shipper to abide by. On Fed-Ex’s website, they say that they will terminate accounts of non-compliant shippers. <a href=“http://www.fedex.com/us/wine/requirements.html?link=2[/url]”>http://www.fedex.com/us/wine/requirements.html?link=2&lt;/a&gt;&lt;/p&gt;

<p>My husband also belongs to a wine club in CA - we live in the Midwest. I wondered if the labels placed on the box by the vineyards were there in some way to protect the vineyard and not a UPS policy. We have shared the label that is plastered on the boxes my husband receives with many because we think they are so funny. Not only does it say that you have to be over 21 to sign for the box, it also says the box cannot be delivered to someone who is ‘intoxicated’!!</p>

<p>Hi MidwestParent,</p>

<p>Yes, indeed, the labels from the shipper clearly state that you have to be over 21 to sign for the package and it also has the “intoxicated” warning on the pre-printed label. It is sorta funny.</p>

<p>The thing I find interesting is that UPS will not just leave a package that requires a signature; they will just post a note on your door that they tried to deliver but they need a signature, etc. So they are, at some level, aware of the regulations. However, they seem to disregard carrier instructions as long as there is a body to sign for it.</p>

<p>My issue is that UPS should have to adhere to the laws of the state in which they deliver, since they are licensed in the state of CA. After my conversation with the Customer Support at UPS, I discovered that they didn’t think it is their duty to actually check to see if an age-appropriate person was present at the residence to sign for the package. I normally don’t crusade about this stuff, but we seem to have a common carrier that randomly enforces policy that suits their schedule.</p>

<p>My experiences with UPS are that it varies greatly by driver. I get a lot of computers delivered that Dell says must be signed for by someone over 18. In our small town, we know all the drivers. The driver for my house will come and realize no one over age is home, he then tells my kids, call your mom and tell her to meet me at H…(a friend whose business is on his route -my office a few blocks over is not on his route). Kid then calls me and tells me to get to my friend’s business to sign :slight_smile:
gotta love life in a small town.</p>

<p>Erin’s mom–so you want UPS to refuse to deliver the package unless you are home? And after a couple of tries it becomes “undeliverable” so they return it to the sender?</p>

<p>If that happened to me I would yell at them for not using common sense and complicating my life. But maybe that’s just me.</p>

<p>I have been carded by UPS delivery person. So, it does happen. (I am over 21, but young enough that I get carded every time I buy alcohol.)</p>

<p>Mommusic, I’m with you, I’d be much happier if they just delivered my wine! If I didn’t trust the kids, I wouldn’t be ordering through the mail.</p>

<p>Blaming the UPS driver? Nowadays everybody knows when a shipping is coming, instead of complaining the OP should have wait for her exclusive package to arrive or warned her D about it.</p>

<p>I think that if you (I’m speaking generally here, not necessarily to the OP) can’t trust your kid to sign for a package, you have bigger problems than worrying about UPS delivery.</p>

<p>Well, the point is, that FedEx and UPS are very strict about what they deliver, and will drop their customers who do not declare alcohol on the package. But then they don’t fulfil their end of the contract. And this is serious contractual stuff with the Fed. Alcohol & Tobacco etc.</p>

<p>What Erinsmom is saying, is akin to being carded when you purchase in a retail store. The store would be in violation if they didn’t card.</p>

<p>Thank you chocoholic, this was the point I’m trying to make. I don’t have trust issues with my kid; my issue was that UPS doesn’t seem to care who signs for restricted deliveries, even when it’s clearly marked. </p>

<p>At one point I worked with a online retailer of wine, and we had a fit if the carrier left the packages without adult signatures. It’s just an exposure/liability issue.</p>

<p>I don’t agree with that view. EM is not buying the wine from UPS, so it’s not akin to a liquor store. I think it’s the responsibility of the seller, hence the online retailer having a signature issue.</p>

<p>It doesn’t seem fair to ask UPS to play policeman for what people do, when UPS is neither buyer nor seller, especially for people who have liquor sent to their houses but have issues with who they leave available to receive their order.</p>

<p>Erin’s Mom why would someone deliberately create a situation that you feel is potentially illegal by having liquor shipped to your door by post knowing you have a minor home able to recieve it? How could you question due diligence of UPS? Did you Specify when you ordered the product " only to be signed or received by owner or adult over 21"? I realize this must be hypothetical because you obviously are just bringing this to discussion but that would be my defense if I were UPS. If I order something I ask to drop it off with signature so its not stolen. Im also wondering if legally you are creating a danger for yourself in the event a minor neighbors child would be receiving the product you ordered. I guess there are two ways to look at it only a court would decide but to protect yourself you should make sure you request signature on UPS. Just a thought. Good question though.</p>

<p>The sale of alcohol is legislated by the Bureau of Alcohol, Tobacco and Firearms. They have laws, and States have laws, and those licensed to sell alcohol have to abide by the laws.
Now when UPS and FedEx are getting into the game of delivering alcohol, they are also bound by the laws.
FedEx has it all over their website, that an adult signature is required, by State law as well as fedEx Policy. They require the shipper to label the package as “Alcohol” with FedEx provided labels, as well as select the option/alert that an Adult Signature is required. FedEx charges the shipper $3.25 more for this Adult Signature. How is FedEx not considered responsible.</p>

<p>

from fedEx</p>

<p>It’s not as if EM is asking UPS /FedEx to be policeman.
FedEx has taken on the role by charging a special fee for the adult signature service.
EM cannot specify the adult signature, she is not the shipper nor the delivery.</p>

<p>I would say that FedEx/UPS are not training their employees properly in the delivery of alcohol.</p>

<p>Chocoholic if Fedex is charging more money for shipping via adult signature they better educate their staff or its potentially a problem for them. Though once the liquor is handed off the minor is on his or her own. Parents are responsible after that. I wonder what the rule is for delivery from a drugstore for that matter for prescription medications?</p>