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  1. #11
    Bourbonian of the Year 2002 and Guru
    Join Date
    Sep 1999
    Location
    Chicago
    Posts
    12,656

    Re: Tennessee Whiskey Defined

    You appear to be right, and the grace period only applies to goods acquired or made prior to the effective date, the public welfare requiring it. (I intend to start using that phrase a lot.)

  2. #12
    Advanced Taster
    Join Date
    Dec 2012
    Location
    Wisconsin
    Posts
    162

    Re: Tennessee Whiskey Defined

    Sku, just to chip in on the preemption issue, although I have not done much research on it (and will look later for federal cases to satisfy my curiosity) I am aware that in a lengthy opinion issued in 2004, the Cal supreme court held that a presumption against preemption applied in the context of a state wine labeling law that was attacked as impliedly preempted (despite a lack of any conflict between the fed and state provisions). The court determined the legislative history of the FAA act showed congressional intent to supplement, rather than supplant, existing state regulation of the industry in an effort to prevent deceiving or misleading consumers related to the labeling of wine and other alcoholic beverages. (Bronco Wine Co. v. Jolly, 95 P.3d 422)

 

 

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