16-3-411. Domestic winery. (1) A winery located in Montana and licensed pursuant to 16-4-107 may:
     (a) import in bulk, bottle, produce, blend, store, transport, or export wine it produces;
     (b) sell wine it produces at wholesale to wine distributors;
     (c) sell wine it produces at retail at the winery directly to the consumer for consumption on or off the premises;
     (d) provide, without charge, wine it produces for consumption at the winery;
     (e) purchase from the department or its licensees brandy or other distilled spirits for fortifying wine it produces;
     (f) obtain a special event permit under 16-4-301; or
     (g) perform those operations and cellar treatments that are permitted for bonded winery premises under applicable regulations of the United States department of the treasury.
     (2) (a) A winery that is located in Montana and licensed pursuant to 16-4-107 and that has an annual production of 25,000 gallons or less of wine may sell wine to retail licensees that are licensed to sell wine under this code. A winery making sales to retail licensees under the provisions of this subsection (2) is considered a table wine distributor for the purposes of collecting taxes on table wine, as provided in 16-1-411.
     (b) The winery may use a common carrier for delivery of the wine to licensed wine distributors and retailers. A shipment by common carrier is subject to the provisions of 16-3-106 and must be:
     (i) in boxes that are marked with the words: "Wine Shipment From Montana Licensee to Montana Licensee";
     (ii) made to the premises of a Montana-licensed wine distributor or retailer licensed by the state and who is in good standing; and
     (iii) signed for by the wine distributor or retailer or its employee or agent.
     (c) In addition to any records required to be maintained under 16-4-107, a winery that distributes wine within the state under this subsection (2) shall maintain records of all sales and shipments. The winery shall furnish monthly and other reports concerning quantities and prices of table wine that it ships in the state, names and addresses of consignees, and other information that the department may determine to be necessary to ensure that distribution of table wines within this state conforms to the requirements of this code.

     History: En. Sec. 1, Ch. 566, L. 1987; amd. Sec. 34, Ch. 530, L. 1995; amd. Sec. 1, Ch. 163, L. 2001.