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HB 805

ALCOHOLIC BEVERAGES: Provides for the standards of shipping containers for wines and distilled spirits

2026 Regular Session Introduced by Joe Orgeron

Louisiana HB 805 aligns state container sizes and fill standards for wines and spirits with federal (TTB) rules, limiting state deviations.

Signed by the Governor. Becomes Act No. 176.
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Bill Summary · HB 805

Summary of Louisiana HB 805 (2026 Session)

Purpose and Intent

HB 805, introduced by Representative Orgeron, aims to standardize and align Louisiana’s container size and fill requirements for wines and distilled spirits with federal regulations. The bill would amend and reenact R.S. 26:351 to clarify that state standards governing containers and cases follow the U.S. Treasury Department, Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations, and to limit the state’s ability to prescribe container counts beyond those federal standards. It also addresses exceptions and enforcement, including prohibitions on powdered alcohol and the treatment of vintage wines.

Key Provisions

  • Federal Alignment of Fill Standards (Main Provision)

    • The state’s container size and fill standards for wines and distilled spirits would be governed by federal standards set by the TTB (Title 27 CFR, as amended).
    • The Louisiana Legislature would not prescribe container counts per shipping case or per shipping container beyond what federal law allows.

  • State Rulemaking Authority (Administrative Procedure Act)

    • The Louisiana Commissioner may promulgate rules under the Administrative Procedure Act (APA) for tax administration, public safety, or enforcement purposes, provided those rules do not conflict with federally authorized standards of fill.

  • Specific Container Configurations Retained or Coordinated with Federal Standards

    • The bill references existing lists of permissible container sizes for distilled spirits and wines, but under the umbrella of federal compliance. The proposed law emphasizes no additional state-imposed container counts beyond federal standards.
    • The provision notes that “vintage wines” (defined as wines bottled before December 31, 1978) may be shipped in non-standard containers with proper proof, subject to secretary authorization, aligning with existing allowance for vintage wines.

  • Exceptions and Special Cases Retained

    • Sake and cider products are exempt from the container size restrictions.
    • Powdered alcohol remains prohibited.

  • Other Technical Provisions

    • Repeal of a previous provision (related to the year 2020) remains noted in the redline text.
    • The bill continues to prohibit powdered alcohol in the state.

Who/What Is Affected

  • Manufacturers and Wholesalers: Those who ship or sell wine and distilled spirits into or within Louisiana would follow federal container standards and would be subject to any state rules that do not conflict with federal standards.
  • State Regulators: The Louisiana Department (via the secretary) would implement and enforce APA-promulgated rules related to tax administration, public safety, or enforcement that align with federal standards.
  • Retailers/Distributors: Licensed retailers and wholesalers in Louisiana would operate under the same federal container standards and any approved state rules, with certain exemptions (e.g., sake, cider, vintage wines under specified conditions).

Procedural and Timeline Aspects

  • Effective Status: The bill is in the regular legislative process, with passage through House and then Senate. The provided action history shows activity in 2026, including committee referral and favorable reports, and scheduled floor debates.
  • Policy Transition: The bill envisions immediate alignment with federal standards while allowing state rulemaking where needed for tax administration and enforcement, through APA procedures.

Overall Impact

HB 805 would streamline Louisiana’s regulatory approach to container sizes and fill for wines and distilled spirits by maintaining alignment with federal standards and limiting state-imposed deviations. It preserves existing exemptions (sake, cider, vintage wine provisions) and keeps powdered alcohol prohibited. The change could simplify compliance for industry stakeholders and reduce state-level prescriptive variability, while preserving essential state authority for enforcement and administration through APA-based rulemaking.

Compiled from official sources — confirm details with the bill’s official record.

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