Sec. 3.5. (a) A wine wholesaler may sell wine purchased from an estate sale only if the following requirements are met:
(1) The primary source of the wine sold at auction:
(A) is authorized to sell wine in Indiana on the date the wine is resold by the wholesaler;
(B) is given notice of the purchase by the wine wholesaler; and
(C) authorizes the wine wholesaler to resell the wine purchased.
(2) The seller of wine at auction is a bona fide estate of an Indiana decedent.
(3) Each wine bottle is affixed with a sticker indicating that the wine was purchased from an estate.
(b) The notice given to the primary source under subsection (a)(1) must include the following information:
(1) The name of the seller.
(2) The amount of the product purchased and the sale price at auction.
(3) The vintage of the wine purchased.
(c) A wholesaler is not liable for product liability for wine that the wholesaler sells from an estate auction purchase.
As added by P.L.94-2008, SEC.34.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 13. Wine Wholesalers' and Bottlers' Permits
7.1-3-13-1. Wine Wholesalers' Permit; Issuance
7.1-3-13-3. Scope of Permit; Brandy
7.1-3-13-3.5. Requirements to Sell Wine Purchased From Estate Sale; Immunity From Product Liability
7.1-3-13-4. Wine Bottlers' Permit; Application