Wednesday, March 11, 2020 www.nabca.org

• The State Legislature has approved 'wine of the month' clubs (and some light bootlegging) • Industry Launches Anti-Litter Campaign; Top Lawmaker Says It Won’t Work TODAY’S • More Netherlands Residents Sticking to One Glass of Alcohol Per Day HIGHLIGHTS • How alcohol affects your heart, from moderate to excessive drinking • Spirits Europe hits out at Luxembourg’s alcohol proposal • The US Department of Labor just issued tips for workplaces preparing for the coronavirus

NABCA NEWS CONTROL STATE NEWS

The 27th Annual Legal Symposium has been UT: The Utah State Legislature has approved 'wine cancelled. Please visit NABCA’s website to review of the month' clubs (and some light bootlegging) the news release for more details. FOX 13 83RD ANNUAL CONFERENCE By Ben Winslow March 10, 2020 Registration for NABCA’s Annual Conference at our new location is open. To register, please visit our website at SALT LAKE CITY — A bill that allows wine www.nabca.org/meeting subscriptions has passed the Utah State Legislature.

The Senate gave final approval to Rep. Mike McKell's TTB Alcohol Trade Practice Video Series TTB provides on-demand alcohol educational information House Bill 157. The latest version of the bill allowed Videos: https://www.ttb.gov/news/see-our-new-ttb- for things like the "wine of the month" clubs. But trade-practice-video-series) wine must be delivered to the Utah Department of Alcoholic Beverage Control -- not direct to consumer -- and a cost plus 88% markup is applied. NABCA WEBINAR Still, Rep. McKell, R-Spanish Fork, said it was a good NEW! Women. Alcohol. Health. - From Blackouts to Breast thing. He ran the bill after constituents contacted Cancer. webinar is now available on our website. Visit him frustrated that they could not import wine into www.nabca.org/Resources/Webinars the state. As a liquor control state, Utah exercises strict controls over alcohol importation.

"Let's be responsive to the market and what people JOB OPPORTUNITY want," Rep. McKell told FOX 13 on Tuesday. We are seeking a dynamic and experienced professional The bill also makes another change to Utah liquor to serve as the Chief Information Officer. If you have laws. It allows up to nine liters of wine -- or about a professional experience managing all phases of case -- to be brought into the state without penalty. information technology projects for an organization within a consumer packaged goods/retail industry, the PLCB Utah has previously forbidden it under anti- wants to talk to you! Please visit bootlegging laws or required it to be declared with https://www.employment.pa.gov for more information the DABC. and to apply. Applications will be accepted through "We are going to allow people to bring nine liters March 23, 2020 back domestically and internationally," Rep. McKell

said. "So if you’re overseas, you’re abroad and you want to bring nine liters back you can do that. If 2

you’re in Napa Valley and you bring nine liters back, Total Wine would be the first out-of-state company I think it’s just common sense." to open a liquor store in since the Supreme Court’s ruling. The bill now goes to Governor Gary Herbert for his signature or veto. The company said it has spent more than $100,000 in architectural fees and other costs in preparation The legislature is also considering a bill by Sen. Gene for opening a store at 1460 E. 86th St. Davis, D-Salt Lake City, to beef up consumer custom ordering through the DABC. It said it also spent hundreds of hours studying possible locations before deciding on that site, LICENSE STATE NEWS which has “outstanding road visibility, an ample parking field, easy ingress and egress, and a co- IN: Big liquor chain sues Indiana for denying permit tenancy mix, including several national retailers, for Nora superstore that will complement one another and provide the typical Total Wine customer an outstanding, one- The Indiana Lawyer stop shopping experience.” Indianapolis Business Journal Staff and John Russell March 10, 2020 The liquor commission declined IBJ’s request for Just days after getting turned down for a liquor comment on Tuesday morning. permit, a huge Maryland-based liquor retailer is John Krauss, the commission’s vice chairman, said suing the Indiana Alcohol and Tobacco Commission, last week that the state was in a “legal quagmire,” saying the denial was unconstitutional and with the Supreme Court decision on one hand and amounted to economic protectionism. the existing state law on the other. Indiana Fine Wine & Spirits LLC, an affiliate of “But until the General Assembly or a court acts to national retailer Total Wine & More, filed a invalidate our existing statute, we have no choice complaint March 6 in the U.S. Southern District but to deny the permit,” he said. Court in Indianapolis, saying the state’s ruling Total Wine wants to remodel about 26,000 square violated the U.S. Constitution’s Commerce Clause. feet of the former Marsh, according to plans it The state liquor commission denied the company a submitted to the state several weeks ago for a permit on March 3 for a proposed superstore in the building permit. old Marsh supermarket at Nora Corners Shopping The former Marsh space, which measures about Center. Its rationale was that state law prohibits it 49,000 square feet, went vacant when the now- from issuing a retail permit to any company unless defunct grocery chain closed the store in April 2017. at least 60% of the company’s common stock is It filed for bankruptcy a month later. owned by people who have been Indiana residents for five years. Discount grocer Aldi opened a store in the space in 2018 but left more than 25,000 square feet empty. Total Wine, the nation’s largest liquor retailer with 206 superstores in 24 states, is based in Bethesda, Total Wine typically operates huge liquor Maryland. It’s a private company with no known superstores that are about five times the size of Indiana connections. typical liquor stores currently operating in Indiana.

In its complaint, the company cites a 7-2 decision by the U.S. Supreme Court last year that struck down a CT: Self-serve alcohol bill passes committee similar residency requirement in Tennessee as Senate Bill 254 would legalize certain liquor permit- unconstitutional. holders to use “a self-pour automated system." “The intent and purpose of Indiana’s in-state FOX 61 residency requirements is to protect in-state owners By Rick Lessard of package stores from economic competition by March 10, 2020 out-of-state owners,” the complaint said. 3

A bill that would allow self-pour technology in places also be allowed under the legislation. Liquor stores restaurants, bars, craft breweries, passed are not included in the bill, so Georgians would still committee Tuesday. be unable to get a bottle of or bourbon sent to their home. Senate Bill 254 would legalize certain liquor permit- holders to use “a self-pour automated system that, There has been some concern that home deliveries 4 upon activation of a payment card by the could be used by teens to get alcohol, said Rep. Lynn permittee, may be operated to 5 dispense beer, Smith, R-Newnan. Sponsor Rep. Brett Harrell, R- cider” and wine. The cider would need to be six Snellville, said the law’s requirements for proof of percent alcohol by volume or lower, according to age will prevent that. the bill. “There are more checks in this bill than there are at Chillproof LLC made a statement regarding the bill the counter of a retail store,” Harrell said. passing committee today: The bill has been driven by consumer demand and “Passage of this pro-jobs, pro-consumer the increasing frequency of grocery delivery. One legislation is great news for our state. We're app that provides alcohol delivery in 30 other states certain that Connecticut can benefit by allowing had more than 400,000 requests for deliveries in self-pour technology in restaurants, bars, and Georgia last year, but could fulfill none of them breweries. Here's the bottom line: allowing self- because it wasn’t legal, Harrell said. pour technology in-state will bolster our state's economic competitiveness, empower and “This allows you to get your groceries delivered with protect consumers, and promote significant a bottle of wine or a six pack of beer,” Harrell said. private investment in our communities and their The bill passed 110-54 and awaits a Senate vote. futures. Thanks to the General Law Committee for supporting this important legislation, and we’re looking forward to working with both the CT: Liquor Industry Launches Anti-Litter Campaign; Senate and House to ensure we get this bill Top Lawmaker Says It Won’t Work passed, which will benefit CT taxpayers and CT News Junkie consumers.” by Christine Stuart The bill will now head to the General Assembly for a March 11, 2020 vote. NEW BRITAIN, CT – The wine and spirit industry teamed up with Live Green on Tuesday to announce a five-year anti-litter campaign dubbed “Don’t Trash GA: Home delivery of beer, wine approved by Connecticut – Nip It In The Bin!” Georgia House “We are not ignorant to the fact that people are The Atlanta Journal-Constitution concerned about litter in general,” Lawrence Cafero By Amanda C. Coyne March 10, 2020 Jr., executive director of the Wine & Spirits Wholesalers of Connecticut, said at a press The Georgia House approved a bill Tuesday that conference at CT Beverage Mart. allows beer and wine to be delivered to your door. Support authentic, locally owned and operated Better make sure you’re home, though, if House Bill public service journalism! 879 goes into law. The bill requires someone at least 21 years old to be home to accept the package and He said one of the products that gets a lot of provide proof of age. attention when it comes to litter is the nip. The bill would allow beer and wine to be delivered Nips are those small 50 ml containers of alcohol that from grocery stores and convenience stores directly litter the road sides and find their way into rivers to customers. Third-party apps like Drizly and and streams. Minibar, which get the customer’s preferred beverages from local stores and deliver them, would 4

Cafero said they are raising public awareness for Julie Cammarata, the principal of the lobbying firm proper disposal by sending signs to all 1,250 package Cammarata Government Affairs, said the issue of stores in Connecticut. nips is really a public health issue that should be addressed by the Public Health Committee. Stephen Downes, president of the Connecticut Package Stores Association and owner of CT Mushinsky said people who are drinking nips are Beverage Mart, said he thinks point-of-sale looking for quick consumption. They are also looking education will help customers develop good habits. to conceal it. “We put the signs up and I think this is going to Those little bottles cause a lot of litter. work,” Downes said. “There’s a lot of nips sold in the Mushinsky said the nips float all over the place and state. I think most of them are disposed of properly, end up on the shoreline. but let’s try to get them all disposed of properly.” Cafero said the new nonprofit called Three Tiers for Connecticut currently has a nickel bottle deposit on Connecticut is doing a clean up along the Housatonic beer, soda and noncarbonated beverages, but there River on April 18. He said already they have hosted are some who would like to see it expanded to nips. two community clean ups in West Haven and Rep. Kurt Vail, R-Stafford Springs, said he would like Norwalk where 90 volunteers picked up 800 pounds to see nips be included in a redemption program. of trash. “Establishing a five-cent recycling deposit would Further, Cafero said they are also working with provide an incentive for these bottles to be recycled municipalities to purchase trash and recycling by the consumer instead of littered across our containers wherever they are needed the most in streets and landscapes,” Vail said in written those communities. testimony.

However, nips are not part of legislation seeking to MN: Spirit industry leaders push for change to MN expand the bottle deposit bill. microdistillery laws Rep. Mary Mushinsky, D-Wallingford, said she KBJR 6 doesn’t think the type of person who frequently By Jessie Slater buys nips is interested in bringing them back to the March 10, 2020 store to reclaim their nickel. DULUTH, MN-- Microdistilleries across Minnesota Mushinsky said she would like to ban nips, but are facing a challenge that dates back to the knows that’s probably unlikely. She said she thinks prohibition era. having a deposit on them would help because even if the person drinking them doesn’t return them at A state law limits the number of bottles sold out of least the nonprofit or charity picking up the litter will the cocktail room and size of the bottle. benefit. Local distillery owners say the restrictions cap Cafero said just putting a deposit on it won’t solve production and growth. the problem. Sitting cozy next to the Aerial Lift Bridge lives Duluth “Don’t fool yourself into thinking that just because distillery, Vikre. it has a deposit on it, people won’t litter,” Cafero "Our microdistilleries are employing hundreds of said. people, using millions of pounds of Minnesota grain He said of the two clean ups they’ve done, a number each year, having a big impact on the tourist of the containers had a deposit on them. economy," said Vikre Co-Founder, Joel Vikre. “We don’t believe that’s the actual issue from an Vikre is just one of dozens of microdistilleries across industry standpoint,” Cafero said. the state fighting to allow more sales from their cocktail rooms. Maine is the only state in New England with a bottle deposit fee on the 50 ml nip. 5

"The most we're allowed to sell you is one of these Out-of-state wineries would be able to ship directly miniature bottles," Vikre's owner said while holding to Kentucky drinkers under a bill making its way a 375 ml glass bottle of Sugarbush Whisky. through the state legislature. Right now, Minnesota microdistillery laws are more Kentucky is one of only five states that doesn’t allow restrictive than most other states. The point -- to direct winery-to-customer shipments, according to make sure businesses like Vikre don't heavily eat Free The Grapes, an industry group that monitors into the business of liquor stores. the issue. But Vikre thinks the law is too much. He said, "In But under a bill that passed out of a committee in many ways, it's a good law. It's created a vibrant the state Senate on Tuesday, out-of-state wineries local alcohol economy. The problem is, it's not good that get a Kentucky license would be able to ship up for small players. We can't make as much money, we to two dozen 9-liter cases to Kentucky customers can't do as good of advertising, we can't hire as each year. many people." Sen. John Schickel, a Republican from Union, says The Minnesota Distillers Guild is pushing for that every year he has constituents who push him to legislation that would increase bottle sales from get the bill passed. 375ml to 4.5L per person, per day. “I specifically get the request from people who are When customers Rick and Karla Edin come up to vacationing out of state and for whatever reason Duluth from the Twin Cities they make sure to stop they go to buy wine,” Schickel said. at one of their favorite spirit spots. “To them it’s just a simple transaction they want to Rick said, "not having the option to buy a full-sized make. They look to us and say ‘what, you can’t get bottle is definitely a deterrent. It's great to be able this done? Come on.” to buy it at a liquor store but also if you're here it Supporters of the bill say it would allow Kentuckians would be great to buy something." to participate in “wine of the month” programs or to Across the state, the guild has been collecting ship wine home while on a vacation. The measure coasters that outline their mission. passed out of the Senate Licensing and Occupations and Administrative Regulations Committee on "We've collected thousands and thousands of these Tuesday. signed coasters and we're going to be bringing them a hearing at the houses this Friday," said Vikre who Similar measures have been proposed in recent is also the Legislative Chair of the Minnesota legislative sessions, but have failed amid pushback Distillers Guild. from local distributors and alcohol industry groups. An ask to also increase the production cap from Charles George, executive director of the Wine and 40,000 to 100,000 gallons of alcohol per year is Spirits Wholesalers of Kentucky, suggested included. amending the bill so that only wines that aren’t available locally be allowed for direct shipment. "If you allow small distillers to sell their own product to customers, that generates brand loyalty. Those “We believe if the product is not in distribution in customers then go buy from traditional retailers." Kentucky, you could be able to get that product shipped,” George said. The hearing is scheduled in the house commerce committee Friday 9 a.m. to 6 p.m. “Yes, we don’t love shipping but, in order to accommodate the citizens of Kentucky and our three-tiered system, that’s something we could live KY: Ky. Lawmakers Advance Bill Allowing Wine to with.” Be Shipped To Your House A more expansive measure being considered in the 89.3 WFPL state House of Representatives would allow the By Ryland Barton direct shipment of wine, spirits and craft beer. The March 10, 2020 bill hasn’t received a hearing yet. 6

A Kentucky law that passed in 2018 allows people to to minors over which an adult does not have legal ship wine and spirits from some states as long as the custody, for example, teens at a party in their home. customer is present at the winery or distillery, but Educators and parents wishing to host social the Wine Institute has recommended that wineries functions or parties should also be aware of their not ship to Kentucky until tax issues with the duties and potential liability under Ontario’s measure are resolved. Occupiers' Liability Act.5 Pursuant to section 3 of Direct shipments of wine has become prevalent that Act, an occupier of a premises has a duty of care after a 2005 U.S. Supreme Court decision that to ensure that anyone on the premises, as well as determined states can’t ban out-of-state wineries any property those persons bring, are reasonably from shipping to customers while allowing in-state safe. This duty is imposed on persons in physical wineries to do so. possession of a premises, who have responsibility for and control over the premises or the activities INTERNATIONAL NEWS taking place, or who have control over persons allowed to enter the premises. As such, this duty Canada: Underage drinking and the spectre of may apply to adults who allow minors to drink social host liability alcohol on their property. Lexology Should an occupier fail to meet the duty of care and By Borden Ladner Gervais LLP a person is injured on their property, they may be March 10, 2020 liable for negligence. The essential elements of a With the end of the school year in sight and negligence claim are that the defendant owed and festivities like prom approaching, educators, breached a duty of care to the plaintiff, that the parents, and students alike will be planning well- breach of this duty caused the plaintiff’s injury, and deserved celebrations to mark the end of another that the plaintiff suffered actual damage or loss as a chapter. Prohibited by schools but sometimes result. permitted by parents, underage drinking parents, A key consideration in determining liability for underage drinking has been known to occur. Parents negligence is the foreseeability that the injury would should be aware of the potential liability they may occur. In assessing the liability of adults who have face as social hosts should there be an injury arising allowed minors to drink alcohol on their property, a from underage drinking on their property. Parents court will consider what that party knew or ought to should be aware of the potential liability they may have known in the circumstances, what reasonable face as social hosts should there be an injury arising steps, if any, were taken to reduce the risk of injury, from underage drinking on their property. and whether the adults engaged in negligent or Relevant legislation reckless conduct themselves. While educators and parents are not required keep minors under As most are aware, the legal drinking age in Ontario constant supervision, they are required to ensure is 19. This is established by the Liquor Licence Act,1 the safety of those on their property and will likely which provides that no person shall knowingly sell be responsible for any injury should they fail in this or supply liquor to a person who is or appears to be duty. under 19 years of age,2 and expressly prohibits those under 19 years old from having, consuming, Case law attempting to purchase, purchasing, or otherwise Canadian courts appear increasingly willing to hold obtaining liquor. There is, however, an exception to parents responsible for injuries that occur where these rules: parents or legal guardians of a minor minors have become intoxicated on their property. may give them alcohol in a residence or in a private This is a facet of social host responsibility, the place.3 The minor must consume such alcohol at the leading case on which is the Supreme Court of place where it is supplied.4 This exception allows Canada’s decision in Childs v. Desormeaux (Childs).6 parents to provide alcohol to their own minor In Childs, the defendants hosted a New Year’s Eve children in their private home, but does not extend party at their home. The party was a “Bring Your Own Booze” event, and the defendant hosts served 7 only a small amount of champagne at midnight. One car, and began driving. He drove over a fire hydrant of the guests, defendant Desormeaux, consumed and hit a tree, sustaining significant injuries that left about twelve beers over the two and half hours he him a quadriplegic with cognitive impairments. was at the party, but proceeded to drive home with The plaintiff subsequently sued the defendants for two passengers at the end of the night. He was negligence, arguing that they had a duty to ensure involved in a head-on collision which killed one his safety as a guest. The defendants brought a passenger in the other vehicle and seriously injured motion for summary judgment dismissing the the three others, rendering the plaintiff a action, contending that they could not be liable as quadriplegic. hosts because they had not served the guests The plaintiff sued both Desormeaux and the party alcohol. Relying on Childs, the Ontario Superior hosts, arguing that the hosts had a duty of care to Court dismissed the defendant parents’ motion. third parties who may be injured by intoxicated Noting that the serving of alcohol is “relevant... [but] guests. The Supreme Court of Canada dismissed the not, by itself, determinative of social host liability,”9 action, and held that social hosts will not ordinarily the court held that nothing precluded a finding of a owe a duty to of care to the third parties injured by duty of care in the circumstances. Ultimately, the intoxicated guests. However, the court left open the court ruled that the matter presented a genuine possibility that social hosts could be liable for the issue requiring trial. In other words, the court actions of their intoxicated guests where the hosts acknowledged that the defendants could be found themselves contribute to the risk of injury, stating: liable as social hosts in this situation. This finding affirms the risk that parents could be liable for any [a] social host at a party where alcohol is served is injuries that occur after they have served or allowed not under a duty of care to members of the public minors to drink alcohol on their property. who may be injured by a guest’s actions, unless the host’s conduct implicates him or her in the creation Takeaways for educators and parents or exacerbation of the risk.7 The above cases remind educators and parents that Ontario courts have used the reasoning in Childs to while celebration is in order at this time of year, allow actions against parents who have served or there can be significant personal and legal allowed minors to consume alcohol on their consequences arising from underage drinking. Both property. Such was the case in Wardak v. Froom,8 educators and parents should refuse to permit a where two defendant parents hosted a 19th minor to attend a school function while intoxicated. birthday party for their son at their home. A number In particular, parents should be encouraged to of guests attended the party, some of whom were supervise any house parties or social events that underage. While the defendants did not serve occur on their properties, to forbid the consumption alcohol themselves they were aware that guests of alcohol at such events, and to limit the size of brought their own alcohol, and that several guests such parties if necessary to maintain proper were not legal drinking age. supervision.

Most of the party took place in the basement of the home, where guests were reportedly drinking and Netherlands: More Netherlands Residents Sticking playing beer pong. By contrast, the defendants to One Glass of Alcohol Per Day stayed on the main floor to monitor guests’ coming and going, though they did visit the basement NL Times periodically. At some point in the evening, the 18- By Janene Pieters year-old plaintiff became intoxicated, and the March 11, 2020 defendants noted him wobbling and exhibiting odd More and more people in the Netherlands do not behaviour when he came upstairs to use the drink alcohol at all or at most one glass per day, washroom. Notably, the parents did nothing to thereby complying with the Health Council guideline prevent the plaintiff from continuing to drink. on alcohol use. Women and older people are most Eventually, when the defendants had momentarily likely to comply with this guideline, according to the gone upstairs, the plaintiff walked home, got into his Lifestyle Monitor by Statistics Netherlands in 8

collaboration with public health institute RIVM and How moderate alcohol consumption affects the the Trimbos Institute. heart Last year 41 percent of adults said they do not drink Light to moderate drinking may have some alcohol or limit themselves to one glass a day, protective benefits for your heart, according to a compared to 37 percent five years earlier. Two 2017 study published in the Journal of the American thirds of people aged 75 years or older have no more College of Cardiology. than one alcoholic drink per day, and over half of The study found that men who drank less than 14 women. Among young adults aged 30 or younger, drinks per week were 21% less likely to die from less than a third stick to this guideline. cardiovascular disease, and women who drank less Adults who drink a maximum of one alcoholic drink than seven drinks per week had a 34% reduced risk a day or less also smoke less and use drugs less, the of cardiovascular mortality. researchers found. They also noticed that people "The key is moderation," Gilstrap says. "It's never with a low income are most likely to be moderate recommended that a patient start drinking for with alcohol and those with a high income least. cardiovascular benefits, but someone who has a People who drink more than one alcoholic drink a glass of wine with dinner can continue to enjoy day run a greater risk of stroke, colon cancer, lung that." cancer and breast cancer, according to the Health However, when you drink, your heart rate increases, Council. Moderate alcohol consumption can be as does your blood pressure. A 2019 study found beneficial for the health, but according to the Health that even moderate drinking — at seven to 13 drinks Council, those benefits do not outweigh the per week — increased rates of high blood pressure. disadvantages. Compared to people who never drink, moderate "Every glass of alcohol is a harmful substance for the drinkers were 53% more likely to have stage 1 body," Karin Monshouwer of the Trimbos Institute hypertension, a major risk factor for heart disease. said to NOS. "It is important that people are aware Moreover, additional research has casted doubt on of that risk, and I think that people underestimate it whether alcohol has any heart benefits. A 2018 or do not know it. It is important that more attention study published in The Lancet analyzed data from is paid to it in education. And then people can 195 countries and concluded that "the safest level choose for themselves whether they want to take of drinking is none." That study called for the risk or not." reconsideration of guidelines that say moderate drinking is safe. PUBLIC HEALTH NEWS Excessive alcohol consumption harms your heart How alcohol affects your heart, from moderate to Most of the negative effects of alcohol on your heart excessive drinking come with heavy drinking or binge drinking, which is Insider defined by the National Institutes of Health as more By Kelly Burch than four standard drinks per day, or five drinks in March 10, 2020 one setting. Alcohol's impact on your heart is largely dependent Heavy drinking can raise blood pressure and heart on how much you drink. The American Heart rate. One 2018 study found that women who drink Association recommends no more than one drink heavily are three times more likely to have per day for women, and two drinks per day for men. hypertension, while binge drinkers of both sexes are 70% more likely to have high blood pressure. "If you get above that, you start to lose your benefit and exchange it for harm," says Lauren Gilstrap, MD, In addition, the more you drink, the higher your a cardiologist at Dartmouth-Hitchcock Medical heart rate will get. This increased heart rate may Center. contribute to atrial fibrillation (AFib), an irregular heartbeat that increases risk for stroke and heart

failure. Alcohol consumption is linked with 9

increased risk for AFib, even at moderate levels. for Health and Economic Affairs in the country is Heavy drinking can also lead to a condition called considering raising the legal purchasing age for Holiday Heart Syndrome, where people experience spirits to 18. AFib without having any history of the condition. The ministry does not plan to alter the purchasing Finally, heavy drinkers are also 1.5 times more likely age for beer or wine, which industry body Spirits than non-drinkers to experience a stroke, according Europe warned could “mislead consumers to to a 2017 review by the National Institutes of Health. believe that beer or wine are in some way different from spirits”. The benefits of red wine might be overstated Ulrich Adam, director general of Spirits Europe, said: The idea that red wine is good for heart health gets “Raising the legal purchasing age for spirits risks a lot of press, but the full story is more complicated sending a message to young people that they can than that, Gilstrap says. The American Heart drink beer and wine with less risk. It is not true and Association, for example, says that drinking more it is dangerous. red wine will generally not lead to a healthier heart. “All alcohol should be enjoyed in moderation, by However, red wine has antioxidant properties and those who are of age, and we must ensure that we flavonoids, molecules that can benefit heart health, do not mislead consumers to believe that any in moderation. A 2017 study in The American alcohol is healthier than another, or acceptable for Journal of Clinical Nutrition found that moderate those underage.” drinking had a positive impact on cholesterol, and that wine in particular increased levels of good According to World Health Organization (WHO) cholesterol, which is an indicator of a healthy heart. figures cited by Spirits Europe, 80% of alcohol consumed is Luxembourg is either beer or wine, and There are healthier ways to get the benefits of only 20% is spirits. antioxidants and flavonoids, which are rich in almonds, berries, apples, citrus, spinach, and black Additionally, a report commissioned by the and green tea (or dark chocolate, if you're craving a European Commission showed that 66% of alcohol treat). consumed by young people across the EU was from categories other than spirits, and beer was the most All of the research with different conclusions can be popular category for young people. confusing. Yet there are some clear takeaways: heavy drinking can hurt your heart health, while a Adam continued: “Any measure targeting spirits standard drink (of any variety) over dinner is likely alone would ignore two-thirds of alcohol fine for most people. Of course, it's best to talk to consumption by young people, which demonstrates your doctor about your particular situation before why this proposal is misguided. indulging. “Europeans are drinking more and more responsibly, and proposals such as this could work INDUSTRY NEWS against this trend by sending a message to those underage that it’s acceptable to drink alcohol, when Spirits Europe hits out at Luxembourg’s alcohol it is not. We hope that the government will proposal reconsider this proposal and we are ready to work The Spirits Business with them to tackle harmful drinking in a sensible by Owen Bellwood way.” March 11, 2020

Trade body Spirits Europe has written to the High-tech meets low-tech: Automate storage for Luxembourg government to advise against its pallet loads (excerpt) “misguided” proposal to raise the legal purchasing Here’s how low-tech pallets and high-tech autonomous age for spirits, but not for wine or beer. systems are coming together to streamline the supply Currently, the minimum age to buy beer, wine and chain—both in and out of the warehouse. spirits in Luxembourg is 16. However, the Ministry 10

Modern Materials Handling solutions,” he explains. “In addition, different By Bridget McCrea, Editor storage strategies enable companies to operate March 10, 2020 single-deep or multiple-deep storage systems.” With more automation making its way into Increased adoption of AS/RS warehouses and DCs worldwide, the race to Squeezed by the pressures of e-commerce, omni- streamline fulfillment processes to meet the ever- channel, labor constraints and higher real estate changing demands of e-commerce and omni- costs, more companies are infusing automation into channel is on. As the distribution environment their warehouse operations. continues to evolve, one workhorse continues to play a critical role in moving goods across the supply At Swisslog, vice president of Logistics Automation chain: the pallet. Grant Beringer says the company has seen increased adoption of AS/RS over the last few years. He Flat transport structures used to move goods with expects the trend to continue due mainly to rising cranes, forklifts and automated storage and warehouse operating costs. Higher energy costs and retrieval systems (AS/RS), pallets protect shipments, rising real estate prices, for instance, are driving the absorb stress, carry weight and absorb impacts from need for smaller and denser storage options. vehicles. And while pallet materials and designs have evolved over time, their basic mission remains The labor shortage isn’t making life any easier for intact: help move and store materials quickly, warehouse operators. “There are fewer people reduce product damage, and minimize the risk of willing to work in warehouse conditions, which can worker injury. be physically demanding,” says Beringer. Other factors driving more companies in the AS/RS Pallets are also a focal point for manufacturers of direction include SKU proliferation, much of which is warehouse equipment, hardware and software. As based on consumer demand. Finally, he says the the computer-controlled systems that put away, retail sector is pushing manufacturers to hold more store and retrieve product, AS/RS help to reduce stock to reduce their own inventory holding costs. companies’ reliance on human labor and forklifts. When used alongside existing pallet rack systems, “These are the primary factors leading not only to for example, fully- and semi-automated pallet increased adoption of AS/RS, but also different uses shuttle systems help optimize storage space while of AS/RS technology,” Beringer says. Those improving workplace safety. alternate uses include equipment that loads/unloads pallets at the dock, replenishes pick This marriage of low-tech pallets with high-tech faces, delivers pallets to a pick module, or uses automation is turning out to be a match made in shuttles as moles for putaway. Swisslog, for heaven for many companies. “Combining pallets example, has customers in the wine and spirits with auto storage creates denser storage and high industry that use AS/RS bulk pallet storage for full- handling performance, both of which play an pallet dispatching in their warehouses. increasingly crucial role for third-party logistics companies (3PLs) and warehouse operators,” says Beringer says AS/RS technology is also being used to Benjamin Thumm, product manager at Dambach replenish pick modules, where associates either pick Lagersysteme. Key drivers include the diversity of from a pallet to a conveyor or directly to a store products and customer demands for shorter pallet. “We also have applications where AS/RS are delivery times. “Higher labor costs and the need to used on the shipping dock to stage pallets for decrease warehouse operating complexity are also upcoming deliveries,” he adds, “and, we’re seeing playing a role,” he adds. an increase in the adoption of pallet shuttle technology, with deep-lane storage that can be used In most cases, Thumm says the way those pallets to store 20 to 30 pallets per row or location.” and automation are applied depends on the company’s specific cargo, existing storage concept, Driven mainly by the need for more flexibility in and/or required output. “The high variance of warehouses and DCs, these pallet-centric uses of different pallets within the motivates AS/RS let companies scale their operations up and customers searching for new storage and transport down as needed. Take the 3PL that can’t readily 11

predict its SKU profile as it adds new customers to Develop infectious disease preparedness and its roster, and that uses pallet shuttles in its facilities. response plan Using that equipment, the 3PL needs to be able to • Stay up to date on guidance from federal, state quickly switch things up when its SKU range and local health agencies and consider how to changes, its business grows, and/or its market shifts. incorporate those recommendations into “These companies want flexibility above all else,” workplace-specific plans. Beringer adds. • Put necessary controls in place to address risks, To address these needs for flexibility, Swisslog now including social distancing, staggered work offers “flexible row depth” in its PowerStore pallet shifts, downsizing operations, delivering services shuttle system. Depending on the SKU profile, the remotely and cross-training workers across depth of the storage location can be configured for different jobs in order to continue operations. each location. “If the SKU profile changes at a later point, the storage depth can be modified without Prepare to implement basic infection prevention making physical changes to the equipment,” says measures Beringer, “by simply changing the software • Promote frequent and thorough hand-washing configuration.” and provide workers, customers and visitors a place to wash their hands. If soap and running DAILY NEWS water are not immediately available, provide alcohol-based hand rubs containing at least The US Department of Labor just issued tips for 60% alcohol. workplaces preparing for the coronavirus • Encourage workers to stay home if they are sick. KETV By Jocelyn Brumbaugh • Encourage respiratory etiquette, including March 10, 2020 covering coughs and sneezes. — The U.S. Department of Labor’s • Discourage workers from using other workers’ Occupational Safety and Health Administration phones, desks, offices or other work tools and (OSHA) has now issued guidance for workplaces equipment, when possible. preparing for the coronavirus. • Maintain regular housekeeping practices, The document, developed in collaboration with the including routine cleaning and disinfecting of U.S. Department of Health & Human Services, surfaces, equipment, and other elements of the provides practical guidance for preventing the work environment. spread of COVID-19, such as safe work practices and Develop policies and procedures for prompt appropriate protective equipment based on the risk identification and isolation of sick people if level of exposure. necessary “Protecting the health and safety of America’s • Promptly identify and isolate potentially workforce is a key component of this infectious individuals to protect workers, Administration’s comprehensive approach to customers and visitors. combating the coronavirus,” Loren Sweatt, principal deputy assistant secretary for Occupational Safety • Inform and encourage employees to self- and Health wrote in a news release. “This guidance monitor for signs and symptoms of the outlines practical ways that employers and workers coronavirus if they suspect possible exposure. can address potential health risks from the • Develop policies and procedures for employees coronavirus in their workplaces.” to report when they are sick or experiencing The Department of Labor is encouraging employers symptoms of the virus. to do the following:

12

Develop, implement and communicate workplace Louisiana law. flexibilities and protections Even though the laws have gotten more severe with • Actively encourage sick employees to stay regard to OWI in Louisiana, there are still too many home. people dying in cars while drinking and driving; or being killed by a separate vehicle where that driver • Ensure that sick leave policies are flexible and had engaged in drinking. Charges for drunk driving consistent with public health guidance and can range from classification of misdemeanor to that employees are aware of these policies. felony charges depending on the situation. An • Talk with companies that provide your experienced attorney can explain penalties along business with contracts or temporary with charges for drunk driving dependent on: employees about the importance of sick • Blood alcohol level, employees staying home and encourage them • Age, to develop non-punitive leave policies. • Repeat offender status, • Do not require a healthcare provider’s note for • Whether there was a minor in the vehicle. employees who are sick to validate their illness State and community law enforcement and or to return to work. Healthcare providers and institutional action. medical facilities may be extremely busy and • Sobriety checkpoints allow police to briefly stop not able to provide such documentation in a vehicles at specific, highly visible locations to timely way. see if the driver is impaired. Police may stop all • Maintain flexible policies that permit or a certain portion of drivers. Breath tests may employees to stay home to care for a sick be given if police have a reason to suspect the family member. driver is intoxicated. • Be aware of and address workers’ concerns • Ignition interlocks installed in cars measure about pay, leave, safety, health and other alcohol on the driver's breath. Interlocks keep issues that may arise during infectious disease the car from starting if the driver has a BAC outbreaks. above a certain level, usually 0.02%. Mandating interlocks for all offenders, including first-time

offenders, will have the greatest impact. What community actions might reduce drunk driving accidents in Houma Louisiana? • Media campaigns spread messages about the physical dangers and legal consequences of MenaFN drunk driving. March 10, 2020 • Administrative license revocation or suspension LOUISIANA - (MENAFN - iCrowdNewsWire) - laws allow police to take away the license of a National drunk driving laws make it illegal to drive driver who tests at or above the legal BAC limit with a BAC at or above 0.08%. For people under 21, or who refuses testing. States decide how long 'zero tolerance laws make it illegal to drive with any to suspend the license; a minimum of 90 days is measurable amount of alcohol in their system. effective. These laws are in place in all 50 states and the District of Columbia, and have had a clear effect on • Alcohol screening and brief interventions take highway safety saving tens of thousands of lives. advantage of 'teachable moments to identify Further action is still necessary to reduce the data people at risk for alcohol problems and get that reveals approximately 30 people dying in them treatment as needed. This combined alcohol-related driving accidents every day. Almost strategy, which can be delivered in health care, one third of all U.S. traffic crash deaths involved university, and other settings, helps change drivers who were under the influence of alcohol at behavior and reduces alcohol-impaired crashes levels of .08 g/dL or higher, and alcohol-related and injuries. accidents were still increased by impaired drivers with lower alcohol levels. 13

• School-based instructional programs are effective at teaching teens not to ride with drunk drivers. Individual action. • Do not drive when you have been drinking, • Insist on a designated driver if you are planning on going out with a group who plan on drinking. • Do not mix alcohol with any other drugs, including over-the-counter medications as they sometimes negatively interact and cause increased lethargy and decreased reaction time for any kind of body movements, nonetheless those requiring acuteness such as driving a car, • Do not get into a car with someone who has been impaired by drinking. • If you encounter another driver on the roadway who is driving erratically, contact the highway patrol as soon as possible and give them a license number.

This email and any files transmitted with it are intended solely for the use of NABCA members, free-of-charge. If you do not wish to receive this daily service, please respond with “UNSUBSCRIBE” in the Subject line. In addition, if there is another individual within your company who should also be receiving this service, please forward their NAME, TITLE, EMPLOYER, and EMAIL ADDRESS to [email protected]. Thank you for your time and attention as we continue to work to improve upon the services and benefits that we provide to our members. Please note that any views or opinions presented in this email are solely those of the author(s) and do not necessarily represent those of the National Alcohol Beverage Control Association.