Category: Wine Law

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Rebuilding: Dealing with or Without Earthquake Insurance

The following post was written by my colleagues Tom Woods, Parissa Ebrahimzadeh & Bao Vu As part of the Northern California business community and as an advisor to business, we support the Napa and the surrounding Bay Area in getting homes and businesses back on their feet following the August 24, 2014 Napa Valley earthquake. … Continue Reading

TTB Will Consider Penalty Waivers for Late Payment of Excise Taxes By Businesses Impacted by Northern California Earthquake

The Alcohol and Tobacco Tax and Trade Bureau (TTB) issued a notice yesterday stating that it will consider waiving – on a case-by-case basis – late filing, payment or deposit penalties for taxpayers unable to file payment of Federal excise taxes due to the August 24, 2014, Northern California earthquake. Text of the statement follows … Continue Reading

Top 5 Takeaways From This Year’s Wine Law Seminar

Stoel Rives’ 7th Annual Oregon Wine Law Seminar attracted nearly 100 wine industry professionals and covered several hot topics ranging from employment law, allergen and organic labeling regulations, growler enforcement and other legislative updates, and distribution agreements. We also caught up with Mark Freund, Managing Director, Silicon Valley Bank, Kevin O’Brien, Director – Business Advisory, … Continue Reading

Why California Breweries, Distilleries, and Wineries Need to Know About California’s New Industrial Storm Water Permit

My colleagues Ryan Waterman and Parissa Ebrahimzadeh have evaluated the potential impacts of the new California industrial storm water permit on breweries, distilleries, and wineries in the state.  See below for their report. On April 1, 2014, the California State Water Resources Control Board (“State Board”) unanimously adopted a new Industrial Storm Water permit (2014 … Continue Reading

Conditions For Using Multi-state AVAs On Wine Labels

By Chris Hermann and Bernie Kipp: The recent notice of the proposed new AVA “The Rocks” in northeast Oregon has kicked off a round of questions about what Northwest wineries may use as an appellation of origin on their labels when grapes are grown in multi-state AVAs such as the Columbia Valley, Walla Walla Valley, … Continue Reading

New California General Industrial Storm Water Permit Slated For Adoption on April 1, 2014 May Hold Surprises for California’s Wineries, Breweries and Distilleries

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit issued in 1997. The Draft Industrial Storm … Continue Reading

Another Great Year at Unified Wine & Grape Symposium

Stoel Rives LLP lawyers from the firm’s Beverage & Hospitality Group attended the 2014 Unified Wine & Grape Symposium last week in Sacramento, where they connected with new contacts, old friends, and current clients. On Tuesday, Colin Hunter, Chris Hermann and Elaine Albrich visited winegrape growers, industry contacts and production facilities in Clarksburg, Lodi and … Continue Reading

Oregon Senate Bill 841 Provides Some Certainty for Wineries but Leaves Some Wanting

Oregon Senate Bill 841 brings finality to the ongoing debate about the appropriate intensity of agri-tourism and other commercial events held at wineries on agricultural land. Looking forward, wineries permitted under ORS 215.452 are allowed to engage in activities that are directly related to the sale and marketing of wine without local review. These types … Continue Reading

Rick Garza to Lead Washington State Liquor Control Board

Stoel Rives LLP offers its congratulations to Rick Garza on his appointment as Director of the Washington State Liquor Control Board. Today the agency issued a press release announcing the appointment will be effective June 1, 2013.   Garza will be assuming leadership in a time of unprecedented change – the agency is on the tail end … Continue Reading

Grab your growlers!

Governor Kitzhaber signed the “Growler Bill” into law Thursday. The new law amends ORS chapter 471 and allows wineries, local groceries, and other retail licensees to sell wine to consumers in growlers. Wineries are increasing the use of kegs and the bill is touted by proponents as responding to changing trends and promoting sustainable packaging. … Continue Reading

Registration Ends Tomorrow: 6th Annual Oregon Wine Law Seminar

Sign up now to join us this Thursday, April 4 at the Allison Inn & Spa in Newberg, Oregon for the 6th Annual Oregon Wine Law Seminar. Topics will include federal and state requirements applicable to exporting overseas, export-related distribution agreements, employment law for wineries, status of foreign investments in the U.S. wine industry, trademarking your … Continue Reading

New Elkton Oregon Viticultural Area Established by TTB

On February 5, 2013, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) published a final rule establishing the 74,900-acre "Elkton Oregon" American viticultural area in Douglas County, Oregon. TTB issued this regulation in response to a petition filed by local vintners and grape growers and will allow the use of the name "Elkton, OR" … Continue Reading

As Wine Industry Evolves, Local Regulation Remains King

Litigation concerning the direct shipment of wine has garnered a significant amount of attention in the years since the United States Supreme Court’s seminal decision in Granholm v. Heald. Generally speaking, these disputes have played out in the federal courts, far removed from the typical family winery. Although direct shipment will remain an important issue … Continue Reading

Bonjour from Hospices de Beaune charity wine auction

Stoel Rives partner, and chair of the Firm’s Winery Initiative, Chris Hermann attended the Hospices de Beaune charity wine auction last weekend in France. The town of Beaune is regarded as the wine capital of Burgundy and is home to some of the world’s most famous producers. The Hospices de Beaune has for 152 years … Continue Reading

FDA Winery Inspections

Although wineries have always been required to meet food safety standards and follow proper sanitation practices, many have not received an official food safety inspection in years. Recently, however, wineries throughout the U.S. have seen an uptick in the number of facility inspections being performed by Food and Drug Administration (FDA) officials. According to a report from … Continue Reading

Stoel Rives Summer Associates Mingle with Winery Clients

Stoel Rives summer associates and attorneys from the firm’s alcohol beverage group adventured into the Willamette Valley on a Saturday to visit Domaine Drouhin Oregon, Argyle, and Grand Cru Estate. At Domaine Drouhin, the group was treated to a side-by-side tasting of Oregon and French wines on the property’s newly expanded deck space, which was … Continue Reading

Stoel Rives Wine, Beer and Distilled Spirits Group Recognized by Chambers USA

Stoel Rives LLP is pleased to announce that the firm’s Wine, Beer and Distilled Spirits group has been recognized by Chambers USA as a nationwide leader in the category of "Food & Beverages: Alcohol." Stoel Rives is one of only 10 firms nationwide to be ranked in this category. Stoel Rives partner and founding chair … Continue Reading

Tasting Rooms Not Restaurants Says California Appeals Court

In a recent 3-0 decision, a California Appeals Court sided with Freemark Abbey Winery in its attempt to move its wine store and tasting room into a building in St. Helena which already contained a restaurant. The decision reversed the district courts granting of a preliminary injunction which would have stopped Freemark’s move entirely until … Continue Reading

Stoel Rives Holds California Wine Seminar

On March 8 and 9, Stoel Rives cosponsored, with Kennedy/Jenks Consultants, the 6th Annual Best Practices for Owning and Operating a Winery, held in Napa, CA. The well attended event covered such topics as valuation, water, energy, and branding. Stoel attorney’s Chris Hermann, John McKinsey, and Jake Storms were all panel speakers with John McKinsey … Continue Reading

Oregon HB 4121: Another Round of Legislation Related to Wineries on Agricultural Lands

Oregon House Bill (“HB”) 4121 expands the basis for allowing wineries to be sited on land zoned Exclusive Farm Use (“EFU”). The bill, in addition to vineyards, would allow wineries to qualify as permitted uses under ORS 215.452 if 15 or 40 acres of land was used to cultivate or produce agricultural products other than … Continue Reading
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