Owners of two Minnesota wineries are challenging the state’s law which limits wine production by Minnesota-licensed farm wineries to predominantly Minnesota-grown grapes. In 2017, Alexis Bailly Vineyard and Next Chapter Winery challenged a provision of the state’s law and argued that the law is a violation of the U.S. Constitution’s interstate commerce…
Tag: American Viticultural Areas
Oregon May Soon Tighten its Wine Law for Wines Produced or Bottled in Other States
A bill was introduced to the Oregon Senate last week which proposes to amend several sections of the Oregon Revised Statutes, namely ORS 471.445 and ORS 471.446. The Senate Bill, SB 111-1, proposes significants changes to the Oregon Revised Statutes with respect to wine labeling, many of which will directly impact wineries located…
Texas Proposes to Change State Wine Law Regarding Appellations of Origin
Recently, the state of Texas saw some interesting action with respect to wine and the law. House Bill 1514, sponsored by Rep. Jason Isaac, relating to the labeling of wine as originating from the state is causing a significant amount of concern among winemakers. The bill proposes to change the Texas Alcoholic…
The (Legal) Truth Behind American Viticultural Areas
What are American Viticultural Areas (AVAs)? Are they appellations? AVAs are types of appellations—but not all appellations are AVAs. For example, California and Texas and Napa County and Sonoma County are considered to be an appellation of origin with respect to wine labeling. But they are not AVAs. Both appellations…
TTB Publishes Two AVA Final Rules: Willamette Valley and Loess Hills District
On March 3rd, TTB published two final rules in the Federal Register the first which modified portions of currently established AVAs and the second which establishes a new AVA. The first rule alters an existing viticultural area in Oregon and the second alters an forms a viticultural area in sections of…
TTB Establishes New AVA Lamorinda Viticultural Area
On Wednesday, February 24th, TTB issued a final rule in the Federal Register establishing a new American Viticultural Area (AVA) called Lamorinda Viticultural Area. The new AVA contains 29,369 acres in Contra Costa County, California and is entirely within the established (and larger) San Francisco Bay and Central Coast AVAs. The original petition was submitted…
Which Came First: The Trademark or the Viticultural Area?
Last week, San Antonio Express News reported that a California-based winery named San Antonio Winery brought a trademark suit against a San Antonio-based winery called Lara Vineyard. In its complaint, San Antonio Winery alleged that Lara Vineyard’s use of the term “San Antonio” as a fanciful name on its labels infringed upon…
Proposed Willcox Viticultural Area and Establishment of The Los Olivos District Viticultural Area
On January 21, 2016, TTB published a notice in the Federal Register proposing the establishment of the Willcox Viticultural Area, which is located in portions of Graham and Cochise Counties in Arizona (but is not currently located within, nor does it contain, any other established American Viticultural Area). The proposed Viticultural Area…
TTB Reopens the Comment Period for Proposed Viticultural Area and a Realignment
On October 26th, TTB released a press release stating the agency planned to public a notice in the Federal Register the following day which would reopen the comment period for the proposed Lewis-Clark Valley American Viticultural Area (AVA), which is comprised of 306,650-acres found in locations including Nez Perce, Lewis,…
Proposed New AVA Tip of the Mitt and Establishment of Squaw Valley-Miramonte
On August 6, 2015, TTB issued a proposed rule to establish a new American Viticultural Area. TTB is accepting comments through October 5, 2015 on a proposed American Viticultural Area (“AVA”) called “Tip of the Mitt,” as per a proposed rule in the Federal Register on June 30, 2015. The proposed AVA…