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"
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 both for wineries and for the attorneys who represent them—indeed, it is one of the topics covered in Stoel Rives’ Law of Wine treatise—a winery’s long-term financial success may be just as likely to hinge on the outcomes of lower-profile controversies litigated in front of local government bodies. Depending on the state and locality, these local governments may have the power to prohibit the construction of new tasting rooms or restaurants—a growing source of revenue for many wineries1 —or to regulate the number and character of marketing events held by a winery.Continue Reading As Wine Industry Evolves, Local Regulation Remains King
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
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
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
TTB Addresses Label Approval Issues
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has experienced some difficult times in the last several years due to reduced staffing and declining budgets. These factors have made it difficult for the agency to accomplish two of its major functions; Permitting and Approving Labels.
TTB has attempted to address the Label Approval issue by instituting two recent changes. First in April 2011, the agency announced that would discontinue evaluating labels for purposes of ensuring that the labels conform to all applicable legibility and type size requirements (including characters per inch and contrasting background). As always, the responsible industry member is obligated to ensure proper labeling for their products and this new procedure ensures new label approvals will contain a statement to that effect.
Then on July 5, 2012, TTB published a revised version of TTB Form 5100.31, Application for and Certification/Exemption of Label/Bottle Approval, also known as a certificate of label approval or COLA. The most significant change made was to expand the list of items that may be changed on an alcohol beverage label without TTB approval. Highlights of the new revisions include the following. Holders of approved labels may:Continue Reading TTB Addresses Label Approval Issues
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
Starbucks to Start Selling Beer and Wine in California
Expanding on its pilot programs in Seattle and Portland, Starbucks will begin selling wine and beer at a few select locations in Orange County, CA by the end of this year. The program will reportedly sell California vintages and micro-brews. You can read more about the story here and can I get that in a
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
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