Insight and Information for the Wine, Beer and Distilled Spirits Industry
This post is authored by Environment, Land Use and Natural Resources lawyer Kirk Maag of Stoel Rives.
The U.S. Bureau of Reclamation issued a temporary policy regarding the use of water from Reclamation reservoirs for activities prohibited by the Controlled Substances Act of 1970 (CSA)—for example, growing marijuana. The temporary policy is effective for one…
The U.S. Bureau of Reclamation provides irrigation water to one out of five farmers in the Western United States. According to Reclamation, the irrigation water it provides is used to produce 60% of our nation’s vegetables and 25% of our fruits and nuts. But Reclamation is now deciding whether to leave one Washington crop high and dry: marijuana.
Washington recently issued licenses that allow licensees to grow marijuana. But the cultivation, possession, use, and sale of marijuana remains illegal under federal law. This tension between state and federal law is forcing Reclamation to analyze whether it can provide irrigation water to contract holders who plan to grow marijuana.
The timing of Reclamation’s decision is important because the irrigation season is rapidly approaching in many parts of Washington and has already arrived in other parts of the state. The Olympian reports that Dan DuBray, a spokesman for Reclamation, recently said that Reclamation will make a decision on this issue by early May, and perhaps as early as this week.Continue Reading Will Bureau of Reclamation Leave Washington’s Marijuana Crop High and Dry?
The Craft Beverage Expo is right around the corner, and there is still time to register! This inaugural event takes place in San Jose, CA on May 6 – 8, 2014, and the Stoel Rives Beverage & Hospitality Group has you covered! We are pleased to offer our blog subscribers a $100 discount off…
Before entering into a distribution agreement, alcohol beverage producers should do their homework. Here is a list of questions to ask a potential distributor:
…
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 –…
There has long existed a symbiotic relationship between brewers and farmers in which spent grains, a byproduct of the brewing process, are given or sold to farmers for use as food for livestock. A proposed rule regarding preventive controls for pet and animal food as required under the Food Safety Modernization Act (FSMA) is causing…
The Washington State Liquor Control Board (WSLCB) has approved the use of a lottery system to select the apparent successful applicants for marijuana retail licenses. WSLCB staff recommended the independent, double-blind process in order to limit the number marijuana retail stores per county as directed by Initiative 502, the measure legalizing the recreational use of marijuana in Washington state.
The lottery will take place on April 21-25, 2014, and will produce an ordered list of applicants for each jurisdiction that the agency will use to continue its retail licensing process. The WSLCB is expected to post that ordered list of applicants for each jurisdiction in the public records section of the agency website on May 2, 2014.Continue Reading WSLCB Approves Lottery to Rank Marijuana Retail License Applicants
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 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State Board.
By way of background, the federal Clean Water Act prohibits certain discharges of storm water containing pollutants except in compliance with a permit. The 2014 Permit is a state-wide permit (called a “general” permit) for all covered industrial facilities in California. Covered industrial facilities must comply with the 2014 Permit when it comes into force in order to be in compliance with the Clean Water Act.
The 2014 Permit completely re-writes the prior 1997 Industrial Storm Water permit (1997 Permit), and includes many substantive changes. In particular, the 2014 Permit will vastly increase the number of industries affected and impose new and increased compliance requirements.
That is one reason why California breweries, distilleries, and wineries need to know about the 2014 Permit.Continue Reading Why California Breweries, Distilleries, and Wineries Need to Know About California’s New Industrial Storm Water Permit
Beginning July 1, 2014, Idaho distilleries will be allowed to provide samples of their products at their manufacturing facilities, as has been permitted at breweries and wineries throughout the state of Idaho for quite some time. There are some conditions on the samples offered by a manufacturer: (1) the samples must be free; (2) samples…
According to a new comment adopted by Colorado’s Supreme Court last week, Colorado lawyers who provide legal services to state-regulated medical and recreational marijuana businesses will not violate the state’s Rules of Professional Conduct.
The rule change added the following comment to Rule 1.2 regarding the scope of representation and allocation of authority between…
