The 1st Circuit Court of Appeals upheld a lower court ruling yesterday in favor of Family Winemakers of California that says the state’s 30,000 gallon cap is unconstitutional. BACKGROUND. The Massachusetts legislature approved HB 4498 in 2006 over the veto of then-Gov. Mitt Romney. It stipulates that wineries who sell over 30,000 gallons a year must choose whether they want to sell wine through the licensed three-tier system, or to apply for a license to ship direct. They cannot, however,
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