Delayed action on alcohol tasting law assailed

Rep. Stanley T. Torres has assailed the Department of Commerce for reportedly not implementing the rules and regulations on alcoholic beverage sampling, which should have generated revenue for the government.

Commerce’s excuse, Torres said, was that they already gave the draft of the rules and regulations to the Attorney General’s Office and that the department is still waiting for the AG’s response.

“But that was in April [2008]. Maybe the AG is not interested in doing that,” the lawmaker, who was the principal author of the law, told the media on Friday.

“I even suggested that if they have difficulty and if the AG cannot do it, I will do it for them,” he said.

Torres’ House Bill 15-271 proposed to apply the Alcoholic Beverage Control Act to wine, beer, or other alcoholic beverage sampling.

The bill sought to establish controlled procedures that must be followed when alcohol is offered for free tasting. It also proposed annual sampling fees to be charged manufacturers, bars, and restaurants selling or serving alcohol.

The Legislature passed the bill and it was subsequently signed into Public Law 15-115 in November 2007.

Torres said under the law, Commerce should come up with the rules and regulations in implementing the provisions within 60 days.

At most, the rules and regulations should have been in place by the latter part of February, he said.

“I’m waiting for that because a major distributor of a brand name wine is waiting for that permit so they can have wine tastings,” he pointed out.

Torres urged Commerce and the Attorney General’s Office to “get their act together.”

Last Thursday, Torres wrote to Commerce Secretary James A. Santos to inquire on the status of the rules and regulations. Torres informed Santos that it is his third inquiry on the issue since February 2008.

“It has come to my attention once again that your department has yet to implement the provisions of Public Law 15-115, which provides for Alcoholic Beverage Sampling and Annual Sampling Fee, especially the Wine Tasting Sampling Permit,” he said.

The lawmaker said the provision should have been generating revenue had Commerce implemented the rules and regulations to issue permits as of February.

“If you are having difficulty promulgating rules and regulations, let me know and I’ll have it ready for your department,” Torres told Santos in the letter.