On Reserve: A Wine Law Blog

Blog Authors

Latest from On Reserve: A Wine Law Blog

In response to Governor Cuomo’s order, the New York State Liquor Authority (“NYSLA”) issued restrictions to licensees with respect to the COVID-19 outbreak, effective Monday, March 16, 2020 at 8:00 PM ET. Per the NYSLA, all licensed on-premises establishments (including restaurants, bars, taverns, clubs, arenas, catering establishments, etc.) must stop on-premises sales of alcohol beverages and/or food. This includes NYSLA-licensed manufacturers who have on-premises privileges (such as a winery with a tasting room or a…
In a world where the spread of COVID-19 is increasing and where consumers and businesses alike have encouraged “social distancing,” it is not without many sacrifices. The wine industry and other service-based businesses are certainly not immune and must be creative during a time where consumers and workers are staying home. Many wineries, breweries, distilleries, and cideries have made a tough decision to close their on-premises spaces or tasting rooms in an attempt to take proactive and admirable…
This March is the inaugural Northeastern Cider Conference, which will be held in Albany, New York. The conference is a much-needed event for cider makers, brand owners, and importers. Sessions will discuss matters pertaining to growing, fermenting, distribution, retail, education, packaging, etc. and will include many renowned professionals in the cider world. I will be one of the panelist for the label design session and plan to discuss label compliance issues that can be unique to hard…
CLE International is hosting its annual Wine, Beer, and Spirits CLE. This year, the program will take place in Charlotte, North Carolina on September 16th and 17th at the Le Meridien hotel. Attendees can earn up to 12 hours of MCLE credits including one hour of ethics. This year’s conference is subtitled Developments & Trends in the Alcohol Beverage Industry. Conference includes sessions on trade practice laws, supplier-wholesaler relationships and terminations, hard seltzer and other innovative products, current retailer issues, and…
Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the Court reasoned that, while the 21st Amendment extends states the right to regulate sales of alcohol within state border, there are limitations under the Constitution. The Court ruled that the requirement unlawfully discriminated against non-residents and that a “highly attenuated” relationship to public health or safety was…
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 clause. The case was dismissed by a federal judge, who suggested it was possible for a winery to obtain other winery licenses in Minnesota which…
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 in other states who source bulk grapes, juice, or wine from Oregon and fully finish or bottle or package the…
Last week, TTB reported that the agency suspended six (6) alcohol beverage permits between December 2018 and January 2019 for violations of consignment sale provisions of the Federal Alcohol Administration Act. Four wine wholesalers and two wineries faced a one-day stipulated permit suspension; a fifth wholesaler who was under investigation opted to surrender its permit. As reported by TTB, the suspensions and surrender resulted from investigations through a joint effort with the California Department of Alcoholic Beverage…
Join Denise Gardner of Denise Gardner Winemaking and me at the 2019 Eastern Winery Expo in Syracuse, New York March 19th through 21st for a discussion on formula wines and their enology and regulatory issues. A description of our event is provided below. Formula wines (those with non-wine flavorings like vanilla, chocolate or colors added) are taking off in popularity–and can have a host of both chemistry and regulatory issues. This session brings a consultant enologist and an…
According to Wine Business, the Oregon Liquor Control Commission (“OLCC”) submitted a letter to TTB in regard to a Napa Valley wine company’s alleged non-compliance with TTB labeling and advertising regulations. The complaint argues that the Elouan and The Willametter wines produced by Copper Cane LLC of Rutherford, California—which boast Oregon American Viticultural Areas (“AVAs”)—may not have been fully finished in Oregon. Purportedly, bulk wine produced in Oregon is purchased by Copper Cane LLC who…