Wine law
Encyclopedia
Wine laws are legislation
regulating various aspects of production
and sales of wine
. The purpose of wine laws includes combating wine fraud
, by means of regulated protected designations of origin
, labelling practices
and classification of wine
, as well as regulating allowed additives and procedures in winemaking
and viticulture
. Legislation affecting all kinds of alcohol beverages, such as the legal drinking age
and licensing practices related to distribution and sales, are usually not considered wine laws.
Wine is regulated by regional, state, and local laws. The laws and their relative rigidity differ for New World
and Old World wines. Old World wines tend to have more stringent regulations than New World wines. Various wine laws, however, may include appellation
-based regulations that cover boundaries as well as permitted grape varieties and winemaking practice-such as the French
Appellation d'origine contrôlée
(AOC), Italian
Denominazione di origine controllata
(DOC), Spanish
Denominación de Origen
(DO) and Portuguese
Denominação de Origem Controlada
(DOC). In some New World wine
regions, such as the United States
and Australia
, the wine laws of the appellation systems (American Viticultural Area
(AVA) and Australian Geographical Indication (GIs)) only pertain to boundary specifics and guaranteeing that a certain percentage of grapes come from the area listed on the wine label.
Some wine laws are established by local governments and are specific to that wine region, such as the 1954 municipal decree in the village of Châteauneuf-du-Pape
that banned the overhead flying, landing or taking off of aviation
in the commune which could negatively affect the region's vineyards and wine production.
Domitian
, who circa 92
AD issued an edict
that banned the plantings of any new vineyards in Italy
and ordered the uprooting of half of the vineyards in Roman provinces. The purpose of the edict was to improve the food supply of Roman cities by increasing the production of cereal
s. There is evidence to suggest that Domitian's edict was largely ignored in the Roman provinces. Domitian's edict, while probably not followed to any greater extent, stayed in effect for 188 years until Emperor Probus repealed the measure in 280
AD.
In the Holy Roman Empire
, the oldest wine law was created by the Reichstag
1498 to combat wine fraud.
In the wake of the Great French Wine Blight
, which led to much wine fraud to supplement diminishing supply, wine laws were created in France
to combat fraud. The French wine legislation later evolved to the AOC system, and inspired common European Union
regulations.
(EU), much of the wine law is common to all countries through the European Union wine regulations
which is a part of the Common Agricultural Policy
(CAP). The CAP Wine Regime consists of a set of rules that govern the wine
sector, with the aim of achieving a balanced and open market. The principal features are rules governing production
, oenological practices and processes
, classification of wines
, a range of structural and support measures, detailed rules governing the description and labeling of wines
, and import
s from non-EU countries.
In addition to regulations that apply to all EU members, each EU country has its own framework of laws which govern aspects of winemaking such as the percentage of a grape to be included in a wine labeled with that variety name. For instance, in France wine professionals acribe to the Appellation d’Origine Contrôlée (AOC) system, which guarantees the origin of wine and other food products, such as cheese
.
, the wine laws are more flexible than European standards in regards to regulations on what viticultural and winemaking practice are allowed in each wine region. The Bureau of Alcohol, Tobacco, Firearms and Explosives
(BATF) defines and approves applications for regions to become American Viticultural Areas. This system was established in 1978 with the Augusta AVA
in Missouri
designated as the first recognized AVA on June 20, 1980. A sizable portion of American wine laws relate to wine label
ling practices and include the stipulations that if an AVA name appears on the label that at least 85% of grapes used to produce the wine must come from that AVA. In addition to AVAs, every American state
and county
can produce wine and label it under their state/county wide appellation provided at least 75% of the grapes come from that area. The state of California
and Texas
have wine laws increasing the requirement to 100% and 85%, respectively, for use of a state-wide appellation on the wine label.
The appearance of grape variety (or varietal
) and vintage
year is also regulated by US wine labeling laws with requirements of at least 75% for the grape variety and 95% being harvested
in that vintage year for either to appear on the wine label. The state of Oregon
has increased the restriction for grape variety to 90%, with exception of Cabernet Sauvignon
which under Oregon wine laws can have a minimum 75%. Additionally, all US wine must include the Surgeon General
warning about dangers associated with alcohol
consumption and a warning about the possible use of sulfite
s. Several wineries and importers have had conflicts with the BATF over these labeling requirements, one notable example being the importer Kermit Lynch
. The criticism is typically centered on the absence of inclusion about the potential positive aspects of moderate wine consumption (such as the so called "French paradox
") and that many wineries are forced to label their wines as "containing sulfites" when the decision to use sulfites are normally not made till long after wine labels have been ordered and the finished wine may contain no sulfites at all.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
regulating various aspects of production
Winemaking
Winemaking, or vinification, is the production of wine, starting with selection of the grapes or other produce and ending with bottling the finished wine. Although most wine is made from grapes, it may also be made from other fruit or non-toxic plant material...
and sales of wine
Wine
Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...
. The purpose of wine laws includes combating wine fraud
Wine fraud
Wine fraud is a form of fraud in which wines are sold to a customer illicitly, usually having the customer spend more money than the product is worth, or causing sickness due to harmful chemicals being mixed into the wine...
, by means of regulated protected designations of origin
Protected designation of origin
Protected Geographical Status is a legal framework defined in European Union law to protect the names of regional foods. Protected Designation of Origin , Protected Geographical Indication and Traditional Speciality Guaranteed are distinct regimes of geographical indications within the framework...
, labelling practices
Wine label
Wine labels are important sources of information for consumers since they tell the type and origin of the wine. The label is often the only resource a buyer has for evaluating the wine before purchasing it...
and classification of wine
Classification of wine
The classification of wine can be done according to various methods including, but not limited to, place of origin or appellation, vinification methods and style, sweetness and vintage, or varietal used. Practices vary in different countries and regions of origin, and many practices have varied...
, as well as regulating allowed additives and procedures in winemaking
Winemaking
Winemaking, or vinification, is the production of wine, starting with selection of the grapes or other produce and ending with bottling the finished wine. Although most wine is made from grapes, it may also be made from other fruit or non-toxic plant material...
and viticulture
Viticulture
Viticulture is the science, production and study of grapes which deals with the series of events that occur in the vineyard. When the grapes are used for winemaking, it is also known as viniculture...
. Legislation affecting all kinds of alcohol beverages, such as the legal drinking age
Legal drinking age
Laws about the legal drinking age cover a wide range of issues and behaviours, addressing when and where alcohol can be consumed. The minimum age alcohol can be legally consumed can be different to the age when it can be purchased. These laws vary among different countries and many laws have...
and licensing practices related to distribution and sales, are usually not considered wine laws.
Wine is regulated by regional, state, and local laws. The laws and their relative rigidity differ for New World
New World wine
New World wines are those wines produced outside the traditional wine-growing areas of Europe, in particular from Argentina, Australia, Canada, Chile, New Zealand, South Africa and the United States.-Early wines in the Americas:...
and Old World wines. Old World wines tend to have more stringent regulations than New World wines. Various wine laws, however, may include appellation
Appellation
An appellation is a legally defined and protected geographical indication used to identify where the grapes for a wine were grown; other types of food often have appellations as well...
-based regulations that cover boundaries as well as permitted grape varieties and winemaking practice-such as the French
French wine
French wine is produced in several regions throughout France, in quantities between 50 and 60 million hectolitres per year, or 7–8 billion bottles. France has the world's second-largest total vineyard area, behind Spain, and is in the position of being the world's largest wine producer...
Appellation d'origine contrôlée
Appellation d'Origine Contrôlée
Appellation d’origine contrôlée , which translates as "controlled designation of origin", is the French certification granted to certain French geographical indications for wines, cheeses, butters, and other agricultural products, all under the auspices of the government bureau Institut National...
(AOC), Italian
Italian wine
Italian wine is wine produced in Italy, a country which is home to some of the oldest wine-producing regions in the world. Italy is the world's largest wine producer, responsible for approximately one-fifth of world wine production in 2005. Italian wine is exported largely around the world and has...
Denominazione di origine controllata
Denominazione di Origine Controllata
Denominazione di origine controllata is a quality assurance label for food products, especially wines and various formaggi . It is modelled after the French AOC...
(DOC), Spanish
Spanish wine
Spanish wines are wines produced in the southwestern European country of Spain. Located on the Iberian Peninsula, Spain has over 2.9 million acres planted—making it the most widely planted wine producing nation but it is the third largest producer of wine in the world, the largest...
Denominación de Origen
Denominación de Origen
Denominación de Origen is part of a regulatory classification system primarily for Spanish wines but also for other foodstuffs like honey, meats and condiments. In wines it parallels the hierarchical system of France and Italy although Rioja and Sherry preceded the full system...
(DO) and Portuguese
Portuguese wine
Portuguese wine is the result of traditions introduced to the region by ancient civilizations, such as the Phoenicians, Carthaginians, Greeks, and mostly the Romans. Portugal started to export its wines to Rome during the Roman Empire. Modern exports developed with trade to England after the...
Denominação de Origem Controlada
Denominação de Origem Controlada
The Denominação de Origem Controlada is the system of protected designation of origin for wines, cheeses, butters, and other agricultural products from Portugal.-Wines:...
(DOC). In some New World wine
New World wine
New World wines are those wines produced outside the traditional wine-growing areas of Europe, in particular from Argentina, Australia, Canada, Chile, New Zealand, South Africa and the United States.-Early wines in the Americas:...
regions, such as the United States
American wine
American wine has been produced for over 300 years. Today, wine production is undertaken in all fifty states, with California producing 89 percent of all US wine...
and Australia
Australian wine
The Australian Wine Industry is the fourth largest exporter of wine around the world, with 760 million litres a year to a large international export market and contributes $5.5 billion per annum to the nation's economy...
, the wine laws of the appellation systems (American Viticultural Area
American Viticultural Area
An American Viticultural Area is a designated wine grape-growing region in the United States distinguishable by geographic features, with boundaries defined by the Alcohol and Tobacco Tax and Trade Bureau , United States Department of the Treasury....
(AVA) and Australian Geographical Indication (GIs)) only pertain to boundary specifics and guaranteeing that a certain percentage of grapes come from the area listed on the wine label.
Some wine laws are established by local governments and are specific to that wine region, such as the 1954 municipal decree in the village of Châteauneuf-du-Pape
Châteauneuf-du-Pape AOC
Châteauneuf-du-Pape is a French wine Appellation d'origine contrôlée located around the village of Châteauneuf-du-Pape in the Rhône wine region in southeastern France. It is the most renowned appellation of the southern part of the Rhône Valley...
that banned the overhead flying, landing or taking off of aviation
Aviation
Aviation is the design, development, production, operation, and use of aircraft, especially heavier-than-air aircraft. Aviation is derived from avis, the Latin word for bird.-History:...
in the commune which could negatively affect the region's vineyards and wine production.
History
The oldest known wine laws were created by the Roman emperorRoman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
Domitian
Domitian
Domitian was Roman Emperor from 81 to 96. Domitian was the third and last emperor of the Flavian dynasty.Domitian's youth and early career were largely spent in the shadow of his brother Titus, who gained military renown during the First Jewish-Roman War...
, who circa 92
92
Year 92 was a leap year starting on Sunday of the Julian calendar. At the time, it was known as the Year of the Consulship of Augustus and Saturninus...
AD issued an edict
Edict
An edict is an announcement of a law, often associated with monarchism. The Pope and various micronational leaders are currently the only persons who still issue edicts.-Notable edicts:...
that banned the plantings of any new vineyards in Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and ordered the uprooting of half of the vineyards in Roman provinces. The purpose of the edict was to improve the food supply of Roman cities by increasing the production of cereal
Cereal
Cereals are grasses cultivated for the edible components of their grain , composed of the endosperm, germ, and bran...
s. There is evidence to suggest that Domitian's edict was largely ignored in the Roman provinces. Domitian's edict, while probably not followed to any greater extent, stayed in effect for 188 years until Emperor Probus repealed the measure in 280
280
Year 280 was a leap year starting on Thursday of the Julian calendar. At the time, it was known as the Year of the Consulship of Messalla and Gratus...
AD.
In the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
, the oldest wine law was created by the Reichstag
Reichstag (Holy Roman Empire)
The Imperial Diet was the Diet, or general assembly, of the Imperial Estates of the Holy Roman Empire.During the period of the Empire, which lasted formally until 1806, the Diet was not a parliament in today's sense; instead, it was an assembly of the various estates of the realm...
1498 to combat wine fraud.
In the wake of the Great French Wine Blight
Great French Wine Blight
The Great French Wine Blight was a severe blight of the mid-19th century that destroyed many of the vineyards in France and laid to waste the wine industry...
, which led to much wine fraud to supplement diminishing supply, wine laws were created in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
to combat fraud. The French wine legislation later evolved to the AOC system, and inspired common European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
regulations.
European Union
In the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU), much of the wine law is common to all countries through the European Union wine regulations
European Union wine regulations
European Union wine regulations are common legislation related to wine existing within the European Union , the member states of which account for almost two-thirds of the world's wine production...
which is a part of the Common Agricultural Policy
Common Agricultural Policy
The Common Agricultural Policy is a system of European Union agricultural subsidies and programmes. It represents 48% of the EU's budget, €49.8 billion in 2006 ....
(CAP). The CAP Wine Regime consists of a set of rules that govern the wine
Wine
Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...
sector, with the aim of achieving a balanced and open market. The principal features are rules governing production
Winemaking
Winemaking, or vinification, is the production of wine, starting with selection of the grapes or other produce and ending with bottling the finished wine. Although most wine is made from grapes, it may also be made from other fruit or non-toxic plant material...
, oenological practices and processes
Oenology
Oenology,[p] œnology , or enology is the science and study of all aspects of wine and winemaking except vine-growing and grape-harvesting, which is a subfield called viticulture. “Viticulture & oenology” is a common designation for training programmes and research centres that include both the...
, classification of wines
Classification of wine
The classification of wine can be done according to various methods including, but not limited to, place of origin or appellation, vinification methods and style, sweetness and vintage, or varietal used. Practices vary in different countries and regions of origin, and many practices have varied...
, a range of structural and support measures, detailed rules governing the description and labeling of wines
Wine label
Wine labels are important sources of information for consumers since they tell the type and origin of the wine. The label is often the only resource a buyer has for evaluating the wine before purchasing it...
, and import
Import
The term import is derived from the conceptual meaning as to bring in the goods and services into the port of a country. The buyer of such goods and services is referred to an "importer" who is based in the country of import whereas the overseas based seller is referred to as an "exporter". Thus...
s from non-EU countries.
In addition to regulations that apply to all EU members, each EU country has its own framework of laws which govern aspects of winemaking such as the percentage of a grape to be included in a wine labeled with that variety name. For instance, in France wine professionals acribe to the Appellation d’Origine Contrôlée (AOC) system, which guarantees the origin of wine and other food products, such as cheese
Cheese
Cheese is a generic term for a diverse group of milk-based food products. Cheese is produced throughout the world in wide-ranging flavors, textures, and forms....
.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the wine laws are more flexible than European standards in regards to regulations on what viticultural and winemaking practice are allowed in each wine region. The Bureau of Alcohol, Tobacco, Firearms and Explosives
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
(BATF) defines and approves applications for regions to become American Viticultural Areas. This system was established in 1978 with the Augusta AVA
Augusta AVA
The Augusta AVA was the first federally approved American Viticultural Area gaining the status on June 20, 1980, eight months before the Napa Valley AVA in northern California. Located entirely within the state of Missouri, the boundaries of this wine region encompass around the city of Augusta...
in Missouri
Missouri wine
Missouri Wine refers to wine made from grapes grown in the U.S. state of Missouri. German immigrants in the early-to-mid-19th century, founded the wine industry in Missouri, resulting in its wine corridor being called the Missouri "Rhineland". Later Italian immigrants also entered wine production....
designated as the first recognized AVA on June 20, 1980. A sizable portion of American wine laws relate to wine label
Wine label
Wine labels are important sources of information for consumers since they tell the type and origin of the wine. The label is often the only resource a buyer has for evaluating the wine before purchasing it...
ling practices and include the stipulations that if an AVA name appears on the label that at least 85% of grapes used to produce the wine must come from that AVA. In addition to AVAs, every American state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
and county
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
can produce wine and label it under their state/county wide appellation provided at least 75% of the grapes come from that area. The state of California
California wine
California wine has a long and continuing history, and in the late twentieth century became recognized as producing some of the world's finest wine. While wine is made in all fifty U.S. states, up to 90% of American wine is produced in the state...
and Texas
Texas wine
Texas has a long history of wine production. The sunny and dry climate of the major wine making regions in the state have drawn comparison to Portuguese wines. Some of the earliest recorded Texas wines were produced by Spanish missionaries in the 1650s near El Paso...
have wine laws increasing the requirement to 100% and 85%, respectively, for use of a state-wide appellation on the wine label.
The appearance of grape variety (or varietal
Varietal
"Varietal" describes wines made primarily from a single named grape variety, and which typically displays the name of that variety on the wine label. Examples of grape varieties commonly used in varietal wines are Cabernet Sauvignon, Chardonnay and Merlot...
) and vintage
Vintage
Vintage, in wine-making, is the process of picking grapes and creating the finished product . A vintage wine is one made from grapes that were all, or primarily, grown and harvested in a single specified year. In certain wines, it can denote quality, as in Port wine, where Port houses make and...
year is also regulated by US wine labeling laws with requirements of at least 75% for the grape variety and 95% being harvested
Harvest (wine)
The harvesting of wine grapes is one of the most crucial steps in the process of winemaking. The time of harvest is determined primarily by the ripeness of the grape as measured by sugar, acid and tannin levels with winemakers basing their decision to pick based on the style of wine they wish to...
in that vintage year for either to appear on the wine label. The state of Oregon
Oregon wine
The state of Oregon in the United States has established an international reputation for its production of wine. Oregon has several different growing regions within the state's borders which are well-suited to the cultivation of grapes; additional regions straddle the border between Oregon and the...
has increased the restriction for grape variety to 90%, with exception of Cabernet Sauvignon
Cabernet Sauvignon
Cabernet Sauvignon is one of the world's most widely recognized red wine grape varieties. It is grown in nearly every major wine producing country among a diverse spectrum of climates from Canada's Okanagan Valley to Lebanon's Beqaa Valley...
which under Oregon wine laws can have a minimum 75%. Additionally, all US wine must include the Surgeon General
Surgeon General of the United States
The Surgeon General of the United States is the operational head of the Public Health Service Commissioned Corps and thus the leading spokesperson on matters of public health in the federal government...
warning about dangers associated with alcohol
Long-term effects of alcohol
The long term effects of alcohol range from possible health benefits for low levels of alcohol consumption to severe detrimental effects in cases of chronic alcohol abuse...
consumption and a warning about the possible use of sulfite
Sulfite
Sulfites are compounds that contain the sulfite ion SO. The sulfite ion is the conjugate base of bisulfite. Although the acid itself is elusive, its salts are widely used.-Structure:...
s. Several wineries and importers have had conflicts with the BATF over these labeling requirements, one notable example being the importer Kermit Lynch
Kermit Lynch
Kermit Lynch is an American wine importer, author, and winemaker based in Berkeley, California. He is the author of Adventures on the Wine Route which won the Veuve Clicquot Wine Book of the Year award...
. The criticism is typically centered on the absence of inclusion about the potential positive aspects of moderate wine consumption (such as the so called "French paradox
French paradox
The French Paradox is the observation that French people suffer a relatively low incidence of coronary heart disease, despite having a diet relatively rich in saturated fats...
") and that many wineries are forced to label their wines as "containing sulfites" when the decision to use sulfites are normally not made till long after wine labels have been ordered and the finished wine may contain no sulfites at all.
External links
- The Washington Post "Silly Laws Bottle Up Fine Wine" August 1, 2004
- San Francisco Chronicle "Silly wine laws are all around us" February 20, 2003
- The New York Times "Strange but True Tales From the Annals of Drinking Laws" March 11, 1998
- UK Food Standards Agency "A guide to European and UK wine laws" July 20, 2006
- FIVS Abridge, a database of national alcohol regulations and international agreements August 24, 2009
- On Reserve: A Wine Law Blog "A Comprehensive Guide to Domestic and International Legal Issues in the Wine Industry"