The National Alcohol Beverage Control Association (NABCA) Board of Directors has passed a resolution supporting Congressional enactment of H.R. 5034 known as the Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010. The Board cited the need to protect the primary authority of the states to regulate beverage alcohol as their states' citizens deem necessary and as provided by the 21st Amendment to the US Constitution.
"This action was not taken to side with any segment or tier of the beverage alcohol industry but rather to strengthen the states' ability to regulate the sale and distribution of beverage alcohol in our respective jurisdictions," stated Nida Samona, Chair of the Michigan Liquor Control Commission.
NABCA Board Chairman and Director of the Maine State Liquor and Lottery Commission Dan Gwadosky noted, "As control state regulators we are entrusted with balancing our responsibilities for protecting communities and providing a fair and modern alcohol marketplace. It is critical that we have the full ability to adapt to new opportunities and challenges that we may face with respect to this unique product."
The resolution reads as follows:
WHEREAS, alcohol is a unique product that has always been the subject of special regulation; and
WHEREAS, the Constitution's Twenty-First Amendment provides that states have primary authority to regulate alcohol according to local customs and norms; and
WHEREAS, in the last ten years a majority of states have faced litigation in which their ability to effectively regulate alcohol within their borders has been threatened; and
WHEREAS, the Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 seeks to restore the primacy of state regulation in litigation challenges.
THEREFORE BE IT RESOLVED, that the Board of Directors of the National Alcohol Beverage Control Association does hereby support Congressional enactment of the Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010.