On February 11, 2016, TTB issued Ruling 2016-1 titled “The Shelf Plan and Shelf Schematic Exception to the ‘Tied House’ Prohibition, and Activities Outside Such Exception.” The ruling concerns promotional activities commonly associated with category management programs and looked at such practices with respect to the federal tied house laws. The agency…
Tag: federal law
Proposed Establishment of the “Champlain Valley of New York” Viticultural Area
TTB is accepting comments through August 31, 2015 on a proposed American Viticultural Area (“AVA”) called “Champlain Valley of New York,” as per a proposed rule in the Federal Register on June 30, 2015. The proposed AVA is as follows: The petition proposing the new AVA was sent to TTB by Colin…
TTB Proposes New Loess Hills District AVA and Expansion of Willamette Valley
TTB is accepting comments through August 17, 2015 on a proposed American Viticultural Area (“AVA”), as per a proposed rule in the Federal Register on June 18, 2015. The proposed AVA is as follows: Loess Hills District Viticultural Area (Notice No. 153, Docket No. TTB-2015-0009): The proposed AVA of “Loess Hills District” comprises of a 12,897-square mile (8,254,151-acre)…
TTB Proposes Three New AVAs: Lewis-Clark Valley, Eagle Foothills, and Lamorinda
TTB is accepting comments through June 15, 2015 on three proposed American Viticultural Areas (“AVAs”), as per a proposed rule in the Federal Register on April 14, 2015. The proposed AVAs are as follows: Lewis-Clark Valley Viticultural Area (Notice No. 149, Docket No. TTB-2015-0005): The proposed AVA of Lewis-Clark Valley includes…
Coming Soon to a Menu Near You: Alcohol Calorie Counts
Last week, the FDA published a final rule in the Federal Register that mandates calorie and nutrition information be listed on menus and menu boards to certain restaurants and retail food establishments. The requirements, which go into effect on December 1, 2015, extend to restaurants and retail food establishments that are part of…
Retailer Empire Wine Sues New York State Liquor Authority: Direct Shipping
In August, the New York State Liquor Authority (“NYSLA”) charged a New York retailer, Empire Wine & Spirits, with sixteen counts of improperly shipping wine to out-of-state consumers in states including California, Illinois, Louisiana, Massachusetts, Ohio, Pennsylvania, and Virginia. See New York Retailer Charged with Illegally Shipping Wine to Out-of-State Consumers. The charges…
Thank You for Attending the Wine Law CLE
Special thanks to all On Reserve readers who attended last week’s CLE course on wine law in New York City. The course surveyed an introduction to wine law, and highlighted some of the major legal issues with respect to federal regulation, state regulation, and direct shipping. Although many issues affect the…
Court of Appeals for the Second Circuit Dismisses Koch Wine Suit on Statute of Limitations
Last year, On Reserve posted an article about the suit brought by Koch against Christie’s in a New York federal district court. New York District Court Judge, Honorable Barbara Jones, granted the motion to dismiss of the auction house Christie’s and dismissed the suit against the acclaimed auction house. In…
A Liberalization of Kansas Wine Law: Reduced Requirement for Grapes Grown in Kansas
In May 2012, Kansas approved a law that dramatically changed the regulation of its wine industry. The new state law, which spawned from House Bill 2689, reduces the requirement of the amount of Kansas grapes that must be in a Kansas wine. The bill amends K.S.A. 2011 Supp. 41-308a. Under…
Additional Update from the TTB on Labeling Disclosure for Cochineal Extract and Carmine on Alcohol Labels
TTB recently announced, in final rule T.D. TTB-103, it is amending labeling regulations to require the listing of cochineal extract and carmine on the label of any alcohol beverage that contains one or both of the color additives. According to the final rule, “[t]his rule responds to a final rule issued by the Food…