Category: Archived Articles

The 21st Amendment Enforcement Act & Retail Sales in Interstate Commerce

Cyndi
man holding gavel

By:  Brad Berkman and Louis Terminello, Greenspoon Marder

Direct to consumer (“DTC”) sales of wine and other beverage alcohol from out of state shippers is presumably here to stay, at least from the perspective of retail shippers. The Granholm decisions, as most readers are familiar with, burst open the door to DTC sales by suppliers and in particular winemakers. Wineries, with and without distribution in the various states, took advantage of the new opportunity and began shipping direct to consumers outside the sacrosanct three tier system.  In addition to winemakers, other business types began to sell their beverage alcohol wares in interstate commerce, directly to consumers in states other than their home markets. Retailers, in particular, have grown substantial sales revenue streams from selling to consumers outside of their home markets via the internet. Of course, third party e-commerce platforms have turned the three-tier system and interstate sales on its head through highly creative and not always beverage law compliant sales strategies often at the disdain of state regulators. Recently, some states have turned to legislation passed in October of 2000 to bring enforcement actions against out-of-state entities that seemingly violate their laws on the importation and shipment of beverage alcohol across their borders. The purpose of this article is to introduce the reader to this twenty-three-year-old piece of legislation known as the 21st Amendment Enforcement Act, some of its key provisions and its recent use by certain states.

The Act-What is it?

  The 21st Amendment Enforcement Act, (the “Act”), became law in 2000 and effectively amended the Webb Kenyon Act of 1913. The act allows for states attorneys general to bring civil actions in federal court against parties that import or transport beverage alcohol into a state in violation of the Act and the states laws.  Certain provisions of the law are printed below that are worth looking at, however, it is not necessary to reprint the full Act to understand its effect and implications, In a nutshell, the Act permits a state’s attorney general, to move for an injunction against the offending party to force cessation of the activity complained of that is in violation of a state’s beverage law. It is worth noting that relief in federal court takes the form of injunctive relief. The Act, as drafted, does not allow for states to bring actions, or impose monetary fines for violations brought under it. Further, nothing in the Act prevents states from bringing actions in state courts for violations of its beverage laws.

Certain Provisions of the Act Are:

      SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

      (a) SHIPMENT OF INTOXICATING LIQUOR IN VIOLATION OF STATE LAW.—The Act entitled ‘‘An Act divesting intoxicating liquors of their interstate character in certain cases”, approved March 1, 1913 (commonly known as the ‘‘Webb-Kenyon Act”) (27 U.S.C. 122) is amended by adding at the end the following:

      SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

(a) DEFINITIONS.—In this section

(1) the term ‘attorney general’ means the attorney general or other chief law enforcement officer of a State or the designee thereof;

(2) the term ‘intoxicating liquor’ means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind;

(3) the term ‘person’ means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and

(4) the term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

(b) ACTION BY STATE ATTORNEY GENERAL.—If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction) against the person, as the attorney general determines to be necessary to—

(1) restrain the person from engaging, or continuing to engage, in the violation; and

(2) enforce compliance with the State law.

(c) FEDERAL JURISDICTION.

(1) IN GENERAL.—The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State.

(2) VENUE.—An action under this section may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the intoxicating liquor resides or is found.

(3) FORM OF RELIEF.—An action under this section is limited to actions seeking injunctive relief (a preliminary and/ or permanent injunction).

(4) NO RIGHT TO JURY TRIAL.—An action under this section shall be tried before the court.

(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS.

(1) IN GENERAL.—In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction to restrain a violation of this section. A proper showing under this paragraph shall require that a State prove by a preponderance of the evidence that a violation of State law as described in subsection (b) has taken place or is taking place.

  Over the past few years some states have brought actions under the Act aimed at perceived violators. It is indeed worth taking note of these actions and to bring them to the attention of readers who may be sending alcohol beverage products into these states. Emphasis should be added that states have not often relied on the Act to enforce its laws against allegedly illegal transport and shipment of beverage alcohol but we are likely to see more actions by states brought under it.

Tennessee and Ohio

  This past July, Tennessee’s Attorney General brought an action for an injunction in federal court against six out of state retailers. These retailers were shipping distilled spirits, not wine, to Tennessee consumers in violation of that state’s beverage laws. It should be noted that those sued were out-of-state internet retailers, that allegedly sold distilled spirits without a license and were untaxed by the state. The retailers included Bottle Buzz, Cask Cartel, and others.

Ohio

  Ohio was the first state to make use of the Act. Its Attorney General filed a complaint and motion for a preliminary injunction in federal court in the Southern District of Ohio against several out-of-state retailers including Wine.com and Ace Spirits. The attorney general argued that the illegal shipment by out of state retailers takes business aways from licensed Ohio retailers and the alcoholic beverage were not properly taxed. Though, as noted above, the Act did not include monetary fines, the action against Ace Spirits ended with a consent order that called for financial penalties of $150.00 per violation should the activity complained of continue.

  As noted, the 21st Amendment Enforcement Act has not been often used. It is clear that the Act provides an additional tool for the states to use to enforce its beverage laws. Retailers that engage in interstate sales to consumers should carefully review state laws prior to shipping to remain in compliance. This caveat holds true for e-commerce sellers of alcohol that act under an agent for consumer model. E-commerce sales of alcohol have led to creative routes to market for brand owners as well. As we move forward, state laws may indeed carve out certain exceptions from their legislative floors. For the time being, state and federal courts will remain the arbiter of disputes of this sort. Consumer demands and technology are changing the face of alcohol sales. Until exceptions are carved out at the state level, retailers are well advised to remain in compliance with the beverage laws of receiving states shipping laws.

The Right Blend of AI Can Keep Customers from Withering on the Vine

Cyndi
robot holding tray with full wine glass and woman holding full wine glass

By:  David Wachs, CEO of Handwrytten

Changing U.S. consumer drinking habits have been troublesome for the domestic wine industry. Younger generations including Millennials and Gen Z are more likely to purchase ready-to-drink cocktails, seltzers, or mocktails than wine, a shift from previous generations. It was noted in Rob McMillan’s annual State of the Industry report earlier this year that wineries need to do a better job of marketing to younger generations because currently the only growth being seen is among the Baby Boomer demographic. Otherwise, wine sales are falling, and less wine was sold in 2022 than in 2021. One reported suggestion was to launch a multi-winery campaign like what the dairy industry has done for milk or the cattle industry for beef. But those efforts failed. Perhaps now is the time to call on the robots for their assistance?

  It might seem like social media is the best way to reach younger generations, since a 2022 survey by Morning Consult found that 54% of Gen Zers said they spend at least four hours daily on social media, and 38% spend even more time than that. But an avatar on TikTok or Instagram enjoying a glass of merlot on a beach or in the back of a camper van overlooking a breathtaking vista is not the right robot to help the wine industry breakthrough to younger generations. Especially when the industry is competing against a movement of influencers promoting sober living as the latest wellness trend that followers should aspire too.

  So, if not social media, then what? Does the wine industry need to go head-to-head with politicians and launch an invasive television advertising campaign that floods screens across the country with bottles of chardonnay and cabernet playing the starring roles in every type of social gathering possible? Do wine tastings at grocery stores and other brick-and-mortar retail locations need to occur on a daily basis to infuse wine purchasing as a more regular habit when picking up items for meals for the week? None of these are bad ideas, but the reality is AI isn’t all that great at creating television ads, yet, and a robot pouring wine at the local grocery store would require investing in technology that is cost prohibitive and impractical.

  The most effective and unique way that wineries can connect with younger consumers is through a traditional advertising method with a high-tech, modern twist. A survey, conducted by Full Spectrum Insights on behalf of Handwritten, found that emails and text messages are, unsurprisingly, the most common way for businesses to communicate with customers but that 45% of customers would feel more valued and be more likely to make repeat purchases if they received a handwritten note. 30% of customers said handwritten notes are the most meaningful way a company could communicate with them and the least annoying, compared with the annoyance of receiving a phone call, email, or text.

  Nothing says “pay attention” like a personalized handwritten note. No one flips past or does not see a handwritten envelope in their mailbox. These stand out from everything else that was delivered. Recipients wonder what could be inside and while envelopes that look like bills or advertisements are set to the side, handwritten envelopes are usually opened immediately. The attention-grabbing nature of a handwritten envelope provides an instant advantage that even the biggest and most prevalent direct mail marketers cannot compete with. Handwritten envelopes have been found to have a 300% greater open rate than standard envelopes. And handwritten marketing has response rates 7-21x greater than printed mail, with a return on investment 3-7x greater than print. Some companies have even found that retention rates are 50% higher for customers who receive a handwritten thank you note.

  Rather than tasking an employee to sit at a desk with a stack of cards and envelopes and bucket of ice to alleviate hand cramps, the task of penning handwritten notes to customers can be outsourced to robots that are capable of using real pens to craft notes that are nearly indistinguishable from ones written by an actual human hand. There are also a variety of AI services available own that can help everyone from a marketing novice to a pro discover the right words to include in the message. From there, it’s about ensuring wineries are using the right direct mailing strategy to maximize ROI.

Spend Time On Your Call to Action

  Your call to action (CTA) may be the most important part of your direct mail campaign. This statement tells your recipients how you want them to respond and encourages them to do it. A strong CTA can boost your response rate substantially while a weak one can jeopardize your entire campaign. Every communication piece you send your customers should have a purpose. Identify it and your CTA will come naturally.

  Compelling CTAs are clear and concise. They contain actionable verbs which are impossible to misinterpret. When people read your direct mail letter, they should know what you want them to do. You can ask people outside your marketing department to read your letter and determine whether they understand what’s expected of them.

  Procrastination prevents action. Limit procrastination by adding a sense of urgency to your CTA. Asking your recipients to call today or claim a free sample by a specific deadline is more powerful than making similar statements without referencing time. The way you present your CTA can make it more compelling. White space draws the eye. Separating your CTA from the body of your letter prevents someone from overlooking it. Using a different color or font size can also help your call to action stand out.

Use Personal Text and Images

  Savvy consumers will see through a handwritten form letter. Make sure you include personal details to strengthen your bond with your recipients. Using names rather than “To whom it may concern” is an important start. But you should look for other opportunities for personalization, too. Mentioning customers’ locations, past purchases, and pop culture references that people of their ages will probably appreciate are other ways you can show your recipients you’re speaking to them.

  While the text matters, using appropriate imagery can also reinforce your words. For example, targeting a millennial or Gen Z household with a note that features a retired couple enjoying a glass of wine with dinner, probably a messaging failure.

Tempt Your Recipients With Great Deals

  The most compelling direct mail campaigns contain offers people can’t refuse. Brainstorm strategies to tempt your recipients with your direct mail campaigns.

People love feeling they’re receiving something others don’t get. They’ll struggle to resist signing up for your mailing list if you say they’ll receive exclusive members-only coupons. Ordering a product becomes much more enticing if you’ve waiving shipping costs or reducing the price for a limited time.

Get the Timing Right

  As with all marketing campaigns, the timing of your direct mail campaigns plays a key part in their success or failure. Your direct mail will ideally reach your recipients when they’re receptive to the messages inside them.

  Getting the timing right isn’t a precise science, but you’ll do best if you put yourself in your customers’ shoes. The members of your mailing list will probably be receptive to a card promoting a great sale sent in the lead-up to Christmas when they’re searching for gift ideas and planning to spend money. Sales announcements can also be received favorably in April when your customers may have extra money from refunds on their tax returns. Your sales efforts are likely to be less effective in January when customers may suffer from a Christmas credit card hangove

  Sending direct mail cards through your customers’ journey with your organization is also a great way to engage them and make them feel special. However, timing matters here, too. Send a card saying you have missed a customer’s business too soon and you’ll seem too insincere. However, with the right timing, this type of card can re-engage a lapsed customer and encourage a purchase. On the flip side, a letter thanking a customer for the individual’s business or referring a customer should be sent promptly. If you let too much time elapse, the thank you will seem unnatural.

Think Outside the Box

  Since households don’t receive many letters, your direct mail is already likely to be more memorable than a marketing email. However, you can increase the chances your recipients will recall your direct mail with a novelty. Think outside the box to create a direct mail campaign that makes a real impression.

  Knorr used leuco dye on a direct mail campaign for a new line of frozen food. The cheeky mailing read “Unlike any F****N dinner you’ve ever tried.” Recipients were encouraged to put the mail in the freezer. The extreme cold triggered a new message reading “FROZEN meals can be this delicious.” The quirky campaign, which had a 10.2 percent response rate, prompted 17,000 purchases. This campaign was so successful that half of the mail was delayed to help supermarkets manage the increased demand for the company’s products.

The great part about all of these direct mail ideas is that they stay in the minds of recipients long after they open the mail. Even if your recipients don’t take action now, they’re more likely to think about your business when they need your products or services in the future. Brainstorm relevant ways you can also enhance your direct mail materials and make them distinctive.

Eagles Landing Winery

Cyndi

Award-Winning Wines In Northeast Iowa

Picture of Eagles Landing Winery from the street with red car in front on street

By: Gerald Dlubala 

Marquette, Iowa, is built for tourism, especially outdoor enthusiasts. The quaint, welcoming town of 429 offers premium hiking, fishing, hunting and camping, along with some of the best fall leaf peeping available. The natural beauty of Marquette’s landscape against a backdrop of the Mississippi River bluffs will put you into a postcard-type setting. And while there, the welcoming residents and hometown feel Iowa is known for will always make itself known. Additionally, nestled in the bluffs of this driftless area of Iowa, the scenic town of Marquette also draws in tourists for their award-winning winery, Eagles Landing Winery.

  Eagles Landing Winery and Vineyard has been serving Iowa and Wisconsin since 2003, with their success driven by a mantra that includes being patient, paying meticulous attention to quality and continuing to focus on their wine’s drinkability and taste.

  Roger and Connie Halvorson launched the winery in 2000 as a retirement hobby. Their son, Jay Halvorson, joined the business in 2003 as the master winemaker. By 2007, Eagles Landing Winery was not only doing well, but they were taking home awards for their wines. Cindy Halvorson joined the company in 2009, and just a few years later, Jay and Cindy Halvorson officially took over the winery from his retiring parents. Since that day, Eagles Landing Winery has received over 400 medals and awards. These coveted awards include the Governor’s Cup and Best of Show at the 2022 Iowa State Fair for their wine, Constance, a clean, crisp and subtle American white wine. In 2022, Jay and Cindy Halvorson also went the route of retirement, selling Eagles Landing winery to current owners Scott and Sharon Patten.

Love at First Sight

  “It was just a wonderful experience and a place that felt familiar and welcoming,” said Sharon. “We literally fell in love with the winery when we visited. The town was so attractive and welcoming, so we knew we had to look into acquiring this place. Scott had experience in winemaking and homebrew brewing, built on a general science background and engineering experience. He was looking to make a change, and we started exploring different businesses available to purchase and came upon Eagles Landing. Scott’s previous background gave him an understanding of the winemaking process and the different production elements, and it all just kind of seemed to click.”

  The Pattens hadn’t previously visited the winery, only making the trip to Marquette a couple of times after seeing that it was available for purchase. They lived in Cedar Rapids at the time, a little less than two hours away.

  “When we visited, it just seemed like a wonderful business, and everyone was super friendly and helpful,” said Sharon. “Jay and Cindy Halvorson were so accommodating and helpful with the transition phase. The winery and the area just became a really good fit.”

  With four children at home and multiple pets to consider, completing the Pattens’ move to Marquette will take some time. In the meantime, there are scheduled days and trips between the two places. Scott runs things at the winery several days a week and comes home on off-days.

  “We are still very much a small family winery,” said Scott. “Everyone pitches in. We include the children on some weekends to help with tasks and gain experience in the different tasks needed around the winery, like different processes, restocking and the never-ending cleanup duties. We’ll produce between 6,000 and 7,000 cases of wine annually, with the main distribution going to Iowa and nearby Wisconsin.”

Wines for Every Palette

  Eagles Landing currently produces 36 wines ranging from dry selections to sweet, dessert-style wines. About two dozen wines are usually available onsite to sample at any given time, including some seasonal blends produced in smaller batches.

  “We source a lot of different kinds of fruit and make a lot of different types of wine,” said Scott. “We offer a little bit of everything in the hopes that our customers will find something they like. Most are what we refer to as Midwestern-type wines. We have a good selection of sweet-style wines because those are typically our best sellers and are always in demand, but when we came on, I wanted to add other types and styles of wines for those who are interested in that as well. And if you’re looking for something seasonal or a unique blend, we do produce those in smaller batches. We’re working on a pear and currant blend that seems to work well. Sometimes, it’s all about trying new things.”

  “And we have to mention our Campfire Hootch,” said Sharon. “It’s a blend of four to seven different berries, grapes and other fruits. The flavor comes through as a sweet, very adult juice that even dry drinkers seem to enjoy. If someone comes in and says they’re not really a fan of wine or a wine drinker, we have them try this, and it usually changes their perception of what a wine can offer. It’s absolutely nontraditional, unlike anything that most people have ever had, so it’s something worth trying when you come in.”

  Grape varieties grown at the nearby vineyard include Edelweiss, Marquette, Marechal Foch, Petite Pearl, Brianna and Frontenac Gris. Patten tells The Grapevine Magazine that the vineyard was not included in the original sale but is contracted to supply grapes to the Eagles Landing. They didn’t want to be overwhelmed with trying to learn the winery plus the farming and agriculture business simultaneously. However, they still use those grapes in their wine production, as well as some coastal grapes for their dry reds and quality Midwest sources for their fruit needs. Patten is hoping to increase the Midwest sources in the future. In addition to its wide-ranging lineup of wines, Eagles Landing Winery offers a large selection of fruit and berry wines and a gold medal-winning honey and blackberry mead.

Come for the Wine, Stay for the Atmosphere, Hospitality and Craft Pizza

  Eagles Landing Winery is a perfect reflection of Marquette, Iowa. The quaint, welcoming surroundings draw you into the small-town hospitality feel of the winery, where samples are always on the menu. Located in downtown Marquette, patrons of Eagles Landing Winery are welcome to sit inside or enjoy themselves outdoors. Visitors can enjoy the outdoor wine garden, complete with an arbor and trellis that supports a network of natural grapevines over the top to make the experience authentic, memorable and relaxing.

  “We wanted a place where people felt relaxed, appreciated and comfortable,” said Patten. “And that attitude includes our drink offerings. We want to offer wines that people like, regardless of their preference. Additionally, we feature live music on the weekends and offer different cheeses and snacks to nibble on while enjoying your time with us. But that’s about to change as well. We’re in the process of installing a pizza kitchen for craft pizzas to enjoy with your wine while hanging out with us. It’ll be a game-changer for us and the total experience we can offer our guests.”

  Patten said that the oven will likely be ready to go when you read this. He projects a November 2023 start date to fire up the pizza oven and make delicious craft pizzas for their patrons to enjoy while drinking Eagles Landing wines.

Eagles Landing Winery Looks to the Future

  “In the short term, we’d like to increase our vendor market,” said Scott. “We currently distribute to Iowa and Wisconsin and have about 200 vendors. We think we can double that in the future. In maybe three to five years, we’d love to have a second location somewhere, but that adds a lot of logistics.”

  Coming from a science, engineering and homebrewing background, you may wonder if another craft beverage endeavor is on the Pattens’ radar as I was.

  “Now that you mention it, we’ve been debating that perhaps we would do something in the future,” said Scott. “We’ll have to see what the market looks like. The future trends and demographics of wine are okay but not entirely sunshine right now, and the numbers for beer aren’t really great right now, but spirits are picking up, so I may be leaning towards adding that.”

Advice to Potential Winery Owners

  Asked for any advice they could provide future winery owners, the Pattens laughed and replied that the experience would be different than they initially expected and planned.

  “Well, Scott and I had a whole strategic plan in place for the first six months,” said Sharon. “But we’ve had to reevaluate that plan simply because knowing things now is much different than going in as first-timers. There are a lot of new things we can bring to the table. It’s important to have a plan, but it’s just as important to be willing to be flexible with that plan. For example, we decided to add the pizza oven, meaning we had to add a previously unplanned physical structure to our site. With this new addition, people will be staying here for longer periods of time, so that has us reevaluating our building’s infrastructure to accommodate those longer stays.”

  “Additionally, everything takes a little longer than we had planned, so I guess if I could go back and change something, I would try to get a jump on some things earlier,” said Scott. “We undertook a rebranding of sorts and wanted to update the look of our product and packaging. It’s the same award-winning wine, but we wanted to freshen up the logos and labeling. That process is taking much longer than a couple of months that we planned for it to take. It’s starting to present some challenges. We could’ve planned that better.”

  “And just knowing how much wine to make for the season will be easier,” said Sharon. “We had to go through the high season of fall, so knowing how much wine to make and when to get it out will be much smoother next season. We had to improvise a bit and update plans on the fly.”

Preserving History

  The Eagles Landing Winery’s offices are located in the historical home of Emma Big Bear. She was the last full-blooded American Indian to live in Clayton County, Iowa. Originally from Wisconsin, Emma Big Bear spent most of her life living by the traditional Winnebago (Ho-Chunk) customs and traditions, known for the handmade woven baskets she made and sold within the McGregor and Marquette regions. She passed away in 1968 at the age of 99, and there is a memorial statue in her honor at the Mississippi River Sculpture Park on St. Feriole Island, Prairie Du Chien, Wisconsin.

  For more information on Eagles Landing winery and to plan a trip to Marquette, Iowa, visit:

Eagles Landing Winery

127 North Street

PO Box 472

Marquette, Iowa 52158

(563) 873-1905

info@eagleslandingwinery.com

An Overview of Washington State’s Vineyards & Wineries

Cyndi
Picture of rose of grape vineyards mountain and blue sky

By: Becky Garrison  

Since the first planting of wine grapes in Fort Vancouver, Washington in 1825, Washington State has risen to become the second-largest producer of wine, with an annual production of approximately 17.7 million cases and a total annual in-state economic impact of $8.4 billion. Currently, the state has 1,070 wineries, with over 400 grape growers and over 60,000 acres of grapevines planted, which produce over 80 varieties of grapes. Of these wineries, 90 percent would be classified as boutique wineries, producing less than 5,000 cases annually.        

Tour of Washington State’s AVAs

  Established in 1983, the Yakima Valley AVA is the state’s oldest AVA, with 708,710 total acres, of which 18,580 are planted acres. This area’s diverse growing region, with an annual rainfall of eight inches, allows for a wide range of wine varieties and styles. Approximately a quarter of the grapes grown in this AVA are chardonnay, with riesling, merlot, cabernet sauvignon and syrah among this region’s other most popular grapes.

  The Columbia Valley AVA was founded the following year and consists of 11,308,636 total acres, 8,748,949 of which are in Washington State. Cabernet sauvignon, chardonnay, riesling, merlot and syrah represent the most popular varieties planted in this area. This region is home to 99 percent of Washington’s total wine grape acreage, with the vast majority of Washington State’s 20 AVAs located within the Columbia Valley.  

  Four of Washington State’s AVAs are cross-border appellations. Columbia Valley, Columbia Gorge and Walla Walla Valley are shared with Oregon. Lewis-Clark Valley is shared with Idaho. 

  The Columbia Gorge represents the state’s westernmost appellation east of the Cascade Mountains. Founded in 2004, this AVA is noted for the diversity that produces a greater variety of wines than other AVAs. This AVA consists of 186,610 total acres, 66,604 of which are in Washington State, with 381 planted acres in this state. Rachel Horn, winemaker at Aniche Cellars in Underwood, Washington, states how the western end of the Columbia Gorge AVA is similar in many ways to her favorite cooler climate growing regions in Europe, including Alsace and the Wachau. She observes, “I find that many of the white varieties so seldom grown in the U.S. can thrive here.” Unlike most farms in eastern Washington, they can dry-farm, as the slopes and cooler nights on Underwood Mountain provide enough rain that, according to Horn, can make some gorgeous ripeness in phenolics without becoming jammy or too high in alcohol. “We can focus on elegance and finesse without huge extraction and muscle in our wines,” she said.

Growth of Seattle Urban Wineries

  When Tim Bates, Andy Shepherd and Frank Michels of Eight Bells Winery and Lacey and Charlie Lybecker of Cairdeas Winery launched their respective wineries in 2009, they were among the first winemakers to set up shop inside Seattle’s city limits. Bates reflects on how consumers had a hard time understanding how they could have a winery in the city. “Everyone expected you to be surrounded by vineyards. People are pretty amazed when they come in and see a real winery in action, especially during crush.” Lacey adds, “When we first started making wine, the urban wine scene was concentrated in South Park and Georgetown. It’s now in SODO, West Seattle, Ballard, and beyond. It’s great to see the expansion.”

  As part of this expansion, after the Lybeckers moved their winery from West Seattle to Lake Chelan, they established a second tasting room at SODO Urban Works, a collective of ten of Washington’s finest wine and food crafters situated in one communal space. Nine Hats Winery followed a similar model, with a winery based in Walla Walla and a tasting room at SODO Urban Works. According to Ryan Shoup, who oversees this tasting room, having a presence in this bombing-bustling neighborhood enables them to pivot off this urban energy. “This, in turn, results in a more casual and upbeat feel to their tasting room that attracts a younger audience,” he reflects.

Promoting WA State Wines

  The Washington State Wine Commission designated August as Washington Wine Month (WAugust). During this month, consumers can find special deals and events all month long at wineries, tasting rooms, restaurants, grocery stores and backyards across the state. Also, as part of WAugust, the Washington State Wine Commission partnered with Ste. Michelle Wine Estates in 2022 to bring on Wine Spectator as a national media partner for an expanded Washington Wine Month campaign.

  In addition, 2023 marked the return of Taste Washington in March, which is the nation’s largest single-region wine and food festival. This week is marked with a dinner series, seminars and parties. A key highlight of this week is the Grand Tasting, which includes selections from over 200 wineries alongside more than 50 regional restaurants. This event will return in March 2024, with the Grand Tasting slated for March 16 and 17, 2024.

  Another series of statewide events that have returned post-COVID are those from the Auction of Washington Wines. This nonprofit organization seeks to raise awareness of Washington wine through a series of events benefiting their community. Events happen throughout the year, including an online holiday bottle auction, Wine Country Celebration dinners, and a trade-focused Private Barrel Auction. The largest events happen in August and include TOAST!, an industry-focused recognition dinner; the Winemaker Picnic & Barrel Auction, a casual event featuring wines, food and a consumer barrel auction. Their largest fundraising event of the year, a formal gala, where unique auction lots are available through a live auction and money is raised for Seattle’s Children’s Hospital, Washington State University Viticulture & Enology Department and various industry grants.

  On a more regional level, Walla Walla Wine on Tour allows 45 member wineries to pour to sold-out crowds in Seattle and Portland, as well as reconnect to the wine trade and media. In 2023, they expanded this tour to include Boise, Idaho. In 2024, they will return to Seattle on January 29, Portland on February 26 and Boise, Idaho on March 3-4. In 2023, 60 percent of ticket purchasers were first-time attendees to the Seattle and Portland events.

  Along those lines, Horn points to events like the Blood Of Gods 2023 Annual Merrymaking event held in Walla Walla that work to create space and voice for alternative people in the wine industry, including queer, punk, BIPOC and female voices. She proclaims, “I like that people like us are finding wine and taking some ownership.”

  Renea Roberts, the director of community engagement for the Lake Chelan Wine Alliance, points to the importance of in-person events as an essential part of any local wine community. As she notes,

“They provide an opportunity for wine enthusiasts to gather and share their passion for wine while also promoting local wineries. Being able to host wine events means that the wine community can come together to celebrate their love for wine, learn from each other and support local businesses. It also allows wineries to showcase their products and connect with potential customers.”

  Currently, Washington’s wines can be found all over the state in some unexpected settings. Onboard Amtrak Cascades trains from Eugene, Oregon to Vancouver, British Columbia, travelers can savor Chateau Ste. Michelles’ chardonnay and cabernet sauvignon. Most hotels offer Washington wine to their guests, with the Kimpton Hotels hosting Washington-focused happy hours featuring Washington wines. Other places to find Washington wines include the Seattle Space Needle, Washington State ferries and various performing arts venues, such as the Seattle Art Museum, Seattle Symphony Orchestra and the Fifth Avenue Theatre.

Recent Washington State Winery Trends 

  After Paul Beveridge of Wilridge Vineyard, Winery and Distillery in Yakima led the lobbying effort to permit wineries to hold a distilling license, a select number of wineries have followed suit. Like Beveridge’s winery, most of these other wineries also distill the must from their grapes and other fruits to produce grappa and fruit brandies though a few produce grain spirits. For example, Browne Family Vineyards in Walla Walla established  Browne Family Spirits in Spokane, focusing on locally sourced, limited-edition bourbon and rye whiskeys by Kentucky-native master distiller Aaron Kleinhelter.

  Another growing trend with Washington wineries is offering lodging options onsite. Presently, nine wineries based in either central or eastern Washington offer lodging ranging from guest cottages to yurts, cabins and more palatial offerings.

Challenges

  Moving forward, the biggest challenge for Washington State vineyards remains wildfire smoke, though the 2023 harvest was not impacted as in the case of some previous years. Also, in August, Ste. Michelle Wine Estates announced to its contracted Washington wine grape growers that it’s not taking nearly half of its contracted fruit this fall. The long-term impact of this decision is not known at this writing.

For updates about Washington wine, visit https://www.washingtonwine.org   

Robots in the Vineyard

Cyndi

How AI and Other Technologies Are Changing the Landscape for Vineyards & Wineries Worldwide 

Picture of vineyard tractor bakus enjambeur electrique-L-scaled

By: Cheryl Gray

From grape-picking robots to mechanized pruning machines, just name it, technology has a cutting-edge answer for virtually any vineyard need to reduce dependence upon manual labor.

  Studies show that technology-driven equipment is becoming increasingly used in the viticulture industry. When deployed, those studies show that the results show greater productivity when it comes to caring for and, eventually, harvesting grapes. 

Westside Equipment Company is one of the corporations at the forefront of making this a reality for its clients. A global leader in its field, Westside Equipment is headquartered in  Madera, California in a grape-growing region designated as an American Viticultural Area (AVA) since 1985. The company, which also has three other locations in the Golden State, has been in business for nearly 40 years.

  Westside Equipment Company, which designs and manufactures harvesting equipment at its Madera location, recently acquired VMECH for its portfolio, adding an entire new line of technology-driven vineyard products, including the Chariot Mechanized Vineyard Pruner. Stephanie Hawkins is the marketing and sales coordinator for the company.

“The VMECH Chariot’s dual precision pruner adapts to various trellis types and enables pre-pruning and near finish pruning, covering up to three acres per hour and  saving up to $600 per acre. With a vision-based approach, our AI technology identifies and scans the cordons, adjusting based on the incoming data. The versatile Chariot has multiple attachment options to keep it useful year-round, including shoot thinning and trunk suckering. A single row pruning unit will be available in fall 2023.”

  The Chariot is useful for applications that include work on high wire, VSP and quad trellises. According to Westside, the equipment is built to supplement pruning capacity and comes equipped with individual joysticks for seamless operation. While the machine requires three operators, it promises to save money by pruning two rows at a time and one to three acres an hour, depending on row spacing and length. 

  Another feature of the Chariot is that its pruning heads are efficient, versatile, and can be customized. The heads attach to each of the machine’s booms. In addition to its pruning capabilities, the Chariot can be used to cane-cut vineyards in spring.

  The VMECH Toolbar is another vineyard productivity tool. The unit is designed to be mounted on virtually any tractor, with Westside Equipment providing manufacturing assistance to ensure a proper fit. Customer support, Hawkins says, is important to Westside Equipment.

  “All Westside Equipment Company products are custom built at our manufacturing headquarters in Madera, California and come with 24/7 in-season service and parts (limited to California vineyards) to conveniently serve the wine grape industry,” Hawkins said.

  For companies that take over when the grapes arrive at the winery, Prospero Equipment Corporation considers itself a frontrunner in supplying processing and packaging equipment for wineries of every size. The company, founded in 1972, started as a supplier to home winemakers. 

  In the 1980s, Prospero expanded into commercial wine-making equipment, opening an office in California to begin servicing and distributing products from Italy to West Coast wineries. The product roster includes imported tanks, fillers, labelers, commercial presses, filters and crusher destemmers. The family-owned and operated business now specializes in offering the latest technology to help wineries keep pace in an ever-changing industry.

  Prospero represents SK Tank, which builds wine tanks, wine presses and equipment for other beverage industry sectors. Andy Robinson represents Prospero’s sales division.

  “Working with SK allows Prospero to offer full tank storage capabilities as well as supporting harvest equipment,” Robinson said. “Prospero’s brewhouse division offers the highest quality brewhouses and beer tanks accompanied by full engineered designs and complete turnkey installations.”

  Robinson adds that Prospero has recently launched new products that focus on the use of technology, thanks to a newly formed relationship with GAI Machinery, which Prospero now represents.

  “GAI sets the upper standard of machine manufacturing and offers the highest quality packaging equipment available,” Robinson said. “Prospero now offers a revolutionary new technology with the UNICA filling valve, which is an Electro Pneumatic filling valve capable of filling from 0 – 6 BAR pressure. This has allowed many companies to expand their product lines and be able to package all of them within the same Monoblock. The UNICA filling valve is now also available with a Volumetric Electro Pneumatic filling valve, offering the most precise filling for a wider range of container sizes and formats. Offering still and counterpressure filling in the same filling valve has brought the new technologies to the forefront of packaging for the beverage imdustry. The UNICA filling valve is also offered on the GAI canning Monoblocks. The GAI Monoblock design is engineered so all main gears are interlocking and connect all turrets, thus eliminating any risk in loss of machine timing.”

  Robinson adds that Prospero has multiple ways to help its clients with products and services, identifying the absolute essentials for wineries that want to keep up with the latest technology.

  “Prospero offers sales consulting, engineered drawings, parts departments and a technical team for service, installation and training,” Robinson said. “Having effective product and packaging consultation allows direct discussions for future growth and wiser investment strategies. Providing engineered drawings allows for a seamless installation, parts to be on hand if needed and a direct format for our technical team to follow.”

  Robinson says that planning ahead is the key to keeping up with technology.

  “A company should plan for future development of products and production volumes, this also includes added closures and perhaps canning,” he said. “Investing in high quality equipment helps guarantee longevity, ease in maintenance and the finest quality finished product. Prospero technicians fully train all new equipment owners after installation to guarantee all operators are knowledgeable about the machinery and the supporting equipment. This support is backed up by our service and parts department for maintenance and repairs.”

  Experts say that the cost of labor is the biggest expense grape growers face every season. With the declining number of farm workers available to work the vineyards, those experts say there is a serious labor shortage. The answer for many growers is technology replacing workers to do the tasks of pruning, shoot thinning, shoot posting, fruit thinning, leaf removal and row line cultivation.

  Gearmore, Inc. specializes in implements for those many operations. Gearmore, Inc. has provided quality vineyard implements through servicing tractor dealers for 60 years. To cover all the grower’s requirements, the company has more than 100 different models, with widths and capacities of products for vineyards to handle varying acreage, row widths, terrain, foliage profile and different tractor horsepower.

  Gearmore is headquartered in Chino, California and boasts the largest inventory of implements on the West Coast. Its reach is global and includes sales representatives in charge of territories throughout the southwestern United States, Hawaii and parts of Mexico. Vineyard equipment options include in-row cultivators, air blast sprayers, soil conditioners, air sprayers, boom sprayers, vine trimmers, leaf removers, pre-pruners, compost spreaders, mowers, soil conditioners, mower shredders and more.

  There are other technologies in use by vineyards, such as drones, satellite imagery and GPS. Larger operations use these technologies to monitor vineyard health, and smaller vineyards are following suit. Through satellites and drones, vineyards can easily gather data, including the ripeness of grapes, water shortages and the early signs of vineyard disease. The technology can also help protect the environment because products must only be sprayed for disease and pests when necessary.

  As for wineries, experts say that platforms that merge statistics, such as point of sale, club memberships and e-commerce help streamline sales and improve customer experience.

  In short, technology, including AI, is increasingly becoming the norm rather than an anomaly for vineyards and wineries. Its widespread use is now seen as a way to advance productivity and sales in a highly competitive industry where smart moves driven by technology make money.

The #1 Pruning Tool Your Vineyard Needs Right Now

Cyndi
Picture of hand holding INFACO_sécateur_F3020 pruner in vineyard

By: Alyssa L. Ochs

Here at The Grapevine Magazine, we have covered many pruning-related topics for vineyards in past issues, such as pruning techniques, best practices and seasonal tips. But if your vineyard is looking to really improve your pruning practices this year, you may benefit from specific product recommendations from industry experts that can make your life easier by saving you time and money while keeping employees safe.

  For example, a pruning shear called the Infaco F3020 is one of the best products available on the market today for vineyard pruning to consider buying for your wine grape maintenance and upkeep. Two industry experts told The Grapevine about this tool and what vineyard owners should know before buying it. 

Pruning Tools and Techniques

  Pruning may seem simple enough on the surface, but the tools you use and how you train your staff really go a long way in a vineyard. While removing unwanted fruit and foliage, you are also helping to control vine damage, prevent disease and improve your chances for a successful yield.

  The most common vineyard tools used for pruning are hand and lopping shears, but you may also need saws and larger tools for challenging jobs.  

  Safety must always be the top priority while using sharp tools among the rows of grapevines, so it is helpful to be well-stocked with gloves and accessories that make the job easier and more efficient. Meanwhile, properly training your staff members to use these tools can prevent many common pruning-related injuries, such as hand lacerations, strained shoulders and aching neck and back muscles.

  The pruning process is relatively straightforward: remove the canes first, remove the spurs second and ensure all old growth is out of the way of new fruiting canes and renewal spurs. Yet recent innovations in pruning tools make this tedious but necessary maintenance task more productive than ever. 

Infaco F3020 Professional Battery-Powered Pruning Shear

  While researching the latest and greatest pruning tools for vineyards, Infaco’s brand-new F3030 electric pruning shear stood out. After over six years of research, tests and fine-tuning, Infaco released this new and improved version as a follow-up to its F3015 model. The new F3020 builds upon the F3015’s technical base and adds numerous improvements to improve cutting speed and work comfort. It is ideal for vine pruning and is lighter, more compact and easier to handle than the previous versions of the tool.

  Infaco-USA, Inc. carries on the legacy of M. Daniel Delmas, who invented the world’s first electric pruning shear in 1984. The company has designed, produced and sold over 350,000 pruning shears in more than 45 countries.

  “Our founder invented the world’s first-ever electric pruner in response to friends he had in Southern France with vineyards,” Ananda Van Hoorn, operations manager for Infaco-USA, told The Grapevine Magazine. “At the time, they had an incredible labor shortage, and back in the 1980s, pruning was the single biggest labor expense for vineyards, just as it is today. So, the shear he invented was designed to work with all kinds of vineyards – cane pruned, cordons, goblet and so on.”

  Van Hoorn said that the F3020 electric pruning shear increases productivity by an average of 30 percent in a vineyard since users can keep making the same number of cuts per hour all day long.

  “So, vineyards that switch to our shear will find that they don’t need to purchase one shear per worker,” she said. “Instead, some of the workers who were previously pruning will be reassigned to cleaning up canes or other vineyard tasks.”

  Van Hoorn explained how this shear has a built-in safety system, so her top safety tip is simple: use the F3020, and you’ll never have to worry about losing a finger again!

  “The trigger on the new F3020 is metallic and connects to your entire body’s electric system through your trigger finger,” she said. “This means that when you touch the metal blade of the shear to your skin, the circuit is grounded out.”

  She also said that maintenance of the tool is easy and only involves greasing the tool once per day and sharpening it twice daily with the included grease and sharpening stone.

  Among the various pruners and canopy products offered by BDi Machinery, Paul J. Licata, the owner and president of this company, says that the best and most commonly purchased pruner is the battery-powered Infaco F3020. BDi Machinery Sales, Inc. is a complete source for innovative, specialty agricultural machinery and offers everything from pruners to sprayers, hedgers, leaf-removers, shredders, cultivators, mowers, row-mulchers and more. BDi Machinery is an authorized Infaco provider for routine and annual service programs. Licata spoke to this pruner’s cutting speeds, work comfort, compact design and ease of handling. The F3020 is used for pruning during the dormant and growing season. 

  “Loaded with technological advances, the pruning shear can now be ‘connected’ using an optional Bluetooth box,” Licata said. “This new system makes it possible to report highly relevant data in order to achieve ever more effective pruning work.”

  Licata also said that this connectivity option, combined with the Infaco application, can make many adjustments directly from a smartphone, such as adjustable blade opening management, blade crossing and new “soft mode” speed configuration. Additionally, it offers advanced reading and analysis of the data collected during the device’s use.

  “A technology differentiator is the Infaco electronic safety system (DSES) – Wireless DSES/hard-wired DSES,” Licata said. “Infaco has always considered safety to be essential. A true pioneer in the 1990s, it has never stopped investing in cut-prevention solution research for its user clients. The new safety system comprises a conductive trigger that connects the user’s body and the shears’ electronic system, Infaco patents. As soon as the cutting head touches the opposite hand, bare or wearing a glove, the pruning shear instantly opens to prevent injury.”

Pruning-Related Parts and Accessories

  When discussing additional parts and accessories that vineyards may need for their pruning tools, the suggestion of additional head sizes arose. Infaco’s shear is the only electric shear in the world that features interchangeable heads, so the most common accessories that Infaco’s clients buy are additional head sizes to increase their cutting capacity up to 55 millimeters or 2.17 inches.“

  This lets vineyards use the same tool for cane pruning as they do for Eutypa surgery without having to invest in a whole new set; just buy the head!” said Van Hoorn. “We also find some vineyards using our electric shear with the medium head 100 percent of the time. This is because with manual pruning, some vineyards have workers carrying around two different tools that they have to switch between when they identify a larger cut to make. Buying the F3020 with medium head gives workers a 1.75-inch cutting capacity, and they can easily flip between a customized smaller opening and the full capacity. This means that this one tool replaces carrying around a set of pruning shears and a pair of loppers or saw and cuts down on wasted time switching back and forth between tools.”

  BDi Machinery’s Paul Licata pointed out that you can carry the Infaco F3020’s battery in four different ways: on a vest with straps, on the belt without the removable straps, using the trouser belt clip or directly in a pocket thanks to its small format. He also said a new shear holder with a minimal size is secure and easy to use because the cutting head is protected and stored in its sheath with just two steps.

The tool’s main asset is its versatility, thanks to the medium and maxi kits,” Licata said. “It only takes five minutes to easily transform your shears for other occasional or permanent pruning applications. The Infaco design office engineers have completely revolutionized the pole system to propose an innovative and ergonomic solution. Simply clip the F3020 pruning shear to the end of the pole and the battery to the other end: that’s it, the tool is ready for use. Forget the previous cables, and operate your tool using a wireless Bluetooth trigger system. Also, you can keep the blade profile sharp easily and in record time using the Infaco electric sharpener.”

Innovations and Considerations

  Van Hoorn from Infaco-USA told The Grapevine Magazine how you’ll see many things her company offers that the competition can’t match because Infaco has been perfecting its shear for nearly 40 years. This includes the built-in safety system, more accessories to increase the tool’s versatility and the absolute lightest battery on the market that will power a shear for an entire workday.

  “Quality and reliability have always been core concerns to Infaco,” said Licata from BDi Machinery. “From design, through production, then in the after-sales department, it offers users excellent products and services that fulfill the company’s strong values.”

  Looking ahead, Van Hoorn from Infaco shared with us something new that will be coming from the brand in the months ahead.

  “Infaco will be announcing a brand-new tying tool that works with the same battery as our F3020 shear for this spring,” Van Hoorn said. “The new AT1000 electric tying machine is designed specifically for cane-tied vineyards and will be an absolute game-changer!”

Uncorking Accessibility

Cyndi

Ensuring Your Website Complies with the ADA

PICTURE OF KEYBOARD SHOWING ADA ICONS IN BLUE

 By: Vanessa Ing, Farella Braun + Martel

In today’s digital age, having an online presence is crucial for businesses, including wineries, breweries, and other beverage companies. Accordingly, it’s essential to ensure that your beverage website meets federal standards for accessibility to avoid lawsuits and fines. In this article, we will help beverage companies understand how to comply with federal law and implement accessible features on their websites.

Why is Web Accessibility Important?

  In 1990, Congress enacted the Americans with Disabilities Act (ADA). It prohibits businesses open to the public (otherwise known as “public accommodations”) from discriminating against people with disabilities in everyday activities. These everyday activities can include purchasing goods and services, or offering employment opportunities. 

  In March 2022, the U.S. Department of Justice issued web accessibility guidance, reiterating that ensuring web accessibility for people with disabilities is a priority for the Department. Relying on the ADA’s prohibition against discrimination and its mandate to provide equal access, Department of Justice emphasized that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web. The Department of Justice’s guidance was particularly timely given that many services moved online during the pandemic. 

  In its guidance, the Department of Justice explained that people with disabilities navigate the web in different ways: for example, those with visual impairments might require a screen reader that reads aloud text to the audience.  Those with auditory impairments might require closed-captioning software, while those with impaired motor skills might require voice recognition software.  A website, therefore, should be compatible with the full range of such software. 

Is Your Beverage Company a “Public Accommodation” Business?

  Public accommodations include businesses that sell goods and services, establishments serving food and drink, and places of recreation or public gathering.  Companies that sell drinks, wineries that offer a tasting room, or breweries that host events are all considered public accommodations.  Thus, those businesses’ websites must comply with the ADA by being accessible to people with disabilities. 

  It is an open question whether beverage companies without a physical location open to the public must still have ADA-compliant websites. Some jurisdictions, like the Ninth Circuit (which has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington), have tied the necessity of ADA-compliant websites to the existence of a brick-and-mortar location (Robles v. Domino’s Pizza, LLC). However, the Department of Justice, along with several federal circuit courts of appeals, has taken the position that even a public accommodation business without a physical location must have an ADA-compliant website. 

  Given the increased prevalence of online-only services open to the public, it is very likely that litigation over the next few years may resolve this open question.  In the meantime, it is wise for beverage companies to take preventative caution and ensure that their websites are accessible. 

What are some Website Accessibility Barriers?

  To ensure ADA compliance, beverage companies must be aware of common website accessibility barriers.  These include poor color contrast, lack of descriptive text on images and videos, mouse-only navigation, and more.  By addressing these barriers, beverage companies can enhance the user experience for people with disabilities.

  Six examples of website accessibility barriers highlighted in the DOJ’s accessibility guidance include:

Poor Color Contrast: Ensure sufficient color contrast between text and background to aid individuals with visual impairments or color blindness. Use color combinations that are easy to distinguish.

Use of Color Alone to Give Information:  Avoid using color alone to provide information.  Using color alone can be very disorienting for someone who is visually impaired or colorblind.  Someone who is colorblind might not be able to distinguish between shades of gray.  One solution might be to ensure that symbols conveying information are differently shaped.    

Lack of Descriptive Alternative Text for Images and Videos: Provide descriptive text (alt text) for images and videos, allowing screen readers to convey the information to visually impaired users. This makes your content more accessible and inclusive.

No Closed Captions on Videos: Include closed captions for videos to accommodate individuals with hearing impairments. Utilize manual or automatic captioning options and review the captions for accuracy.  Free options are available on the web.

Inaccessible Online Forms: Make online forms user-friendly for people with disabilities. Provide clear instructions before the form, ensure that a screen reader could recognize required fields and fields with special formatting, ensure keyboard-only navigation, use accessible labels for inputs, and display clear error messages.  Note that an image-based CAPTCHA is not a fully accessible way to secure your form; your CAPTCHA should offer users who are visually impaired an audio alternative.

Mouse-Only Navigation: Enable keyboard-only navigation on your website to assist individuals with motor skill impairments or those who cannot use a mouse or see a mouse pointer on the screen.  Make sure all interactive elements can be accessed using the tab, enter, spacebar, or arrow keys.  Use a “Skip to Main Content” link to ensure that users employing only a keyboard can easily navigate the website’s primary content. 

  To implement these features, beverage companies should discuss accessibility concerns upfront with the web developer.  Beverage companies should keep in mind that posting a phone number on a website to call for assistance, as commonly utilized by businesses, does not sufficiently provide equal access to the website and the services or goods provided.

Who can Sue Beverage Companies?

  Non-compliance with ADA standards can lead to potential lawsuits.  Although some courts have held that a nexus must exist between a private plaintiff’s disability and the web accessibility barrier claimed, a private plaintiff may easily surf the web for websites that are inaccessible.  A private plaintiff may then file a lawsuit in federal court without first notifying the business.  Further, liability under the ADA is strict, which means that the intent of the business to comply is immaterial.  Thus, it is prudent for beverage companies to proactively address accessibility issues to avoid potential legal troubles. 

  Private lawsuits under the ADA can result in injunctive relief (a court order to comply with the ADA) and attorney fees.  And in some states, like California, the state law version of the ADA may enable plaintiffs to demand monetary damages ($4,000 per violation of the ADA). 

  Government involvement, while less frequent, is possible in cases involving national retailers.  If the Department of Justice observes a pattern or practice of discrimination, the Department will attempt to negotiate a settlement, and may bring suit on behalf of the United States. At stake are fines of up to $75,000 for the first ADA violation, and up to $150,000 for each subsequent violation.

What are the Rules for Website Accessibility?

  Although the ADA itself does not spell out the rules for website accessibility, several sources provide detailed rules that can aid beverage companies in building accessible websites. 

  First, the ADA authorizes the Department of Justice to enforce the statute.  Accordingly, the Department develops and issues regulations explaining how businesses must comply.  Specifically, § 36.303 of the Electronic Code of Federal Regulations specifies that a public accommodation shall provide auxiliary aids and services when necessary to ensure effective communication with people with disabilities, and that a public accommodation should consult with people with disabilities whenever possible.  The Department also issues administrative guidance, such as its March 2022 guidance described above.  

  Second, Section 508 of the Rehabilitation Act of 1973, which requires federal agencies to make their electronic and information technology accessible to people with disabilities, provides detailed guidance concerning the display screen ratios, status indicators, audio signals, and other accessibility features. 

  Third, the Web Content Accessibility Guidelines 2.1 (WCAG 2.1), which were originally designed by a consortium of four universities, provide highly specific web accessibility guidelines grounded on the idea that information on the web must be perceivable, operable, understandable, and robust.  These guidelines are widely referenced in court cases and settlements with the Department of Justice, as the guidelines address numerous aspects of web accessibility and offer three different levels of conformance (A, AA, AAA). Beverage companies can consult the WCAG 2.1 guidelines (including a customizable quick reference guide, at https://www.w3.org/WAI/WCAG21/quickref/) to ensure their websites meet ADA compliance. 

Looking Ahead

  Web accessibility standards evolve over time, with updates being released periodically. Beverage companies should stay informed about changes and updates to ADA compliance regulations. For example, the WCAG 3.0 is scheduled for release in the latter half of 2023, further refining accessibility guidelines.

  In sum, by understanding and identifying web accessibility barriers, and implementing necessary accessibility features, beverage companies can enhance user experiences and minimize the risk of legal repercussions. Embracing web accessibility is not only legally required but economically prudent in the long run, as it enables beverage companies to cater to a broad and varied audience, and demonstrates a commitment to inclusivity in the digital realm.

  Vanessa Ing is a litigation associate with Farella Braun + Martel and can be reached at ving@fbm.com. Farella is a Northern California law firm representing corporate and private clients in sophisticated business and real estate transactions and complex commercial, civil and criminal litigation. The firm is headquartered in San Francisco with an office in the Napa Valley that is focused on the wine industry.

Keeping Up with the Drip [with VIDEO]

Cyndi
water dripping from a pipe

By: Kirk Williams, Lecturer-Texas Tech University

Drip irrigation systems are a critical part of vineyard infrastructure.  Drip irrigation systems need maintenance to deliver water efficiently and uniformly over a long period of time.   Where drip irrigation systems are used to deliver fertilizers and pesticides distribution uniformity becomes even more critical.  A distribution uniformity target of at least 85% is critical to producing high quality grapes and achieving good water use efficiencies.  Fall and the dormant season is a good time to examine your drip irrigation, measure distribution uniformity and see what maintenance or improvements need to be done. 

  Routine maintenance activities should include flushing drip lines and laterals to clear the system of contaminants.  Flushing of the lateral lines and drip lines is especially critical if you have had to fix large leaks that occur once the water has gone through the filtration system.   Severe leaks need to be fixed immediately but post-harvest time is a great time to fix all of the small leaks that may be occurring in your drip irrigation system. While flushing, pay attention to what kind of debris comes out of the hose ends.  Is it silt, clay, organic or chemical precipitates?    If you are having emitter clogging this debris could be a good tool for understanding what is causing the clogging. 

  Clogged or partially clogged emitters are the most serious problem in drip systems.  Drip emitter output can be measured by placing containers under emitters and measuring the amount of water collected over a known time period.  

  Grape growers spend lots of time calibrating sprayers, fertility sampling, measuring grape ripeness but many spend little time measuring the performance of their drip irrigation system.  One irrigation performance characteristic that can be measured and tracked over the life of an irrigation system is Distribution Uniformity(DU).     Distribution Uniformity is a measure of the uniformity of irrigation water over an area.   Lower Distribution Uniformity in a drip irrigation system can be caused by pressure losses, pressure variations or by partial plugging of emitters by physical, biological or chemical buildup.  Pressure testing of the drip line via a Schrader valve or pitot tube is a good practice to incorporate prior to or during a DU test to understand your irrigation system operating pressures.

  A DU Low Quarter value is calculated by dividing the average output of the lowest one quarter of the emitters sampled by the average output measured of all the emitters sampled.  A DU Low Quarter test can be done by selecting forty drippers across an irrigation block.  Select emitters that best represent an irrigation block and choose emitter locations where you would expect to find high or low pressures.  Collect emitter output for 30 seconds.   While various containers can be used to collect emitter output a 100 ml graduated cylinder will be needed to measure the relatively small amount of output.  63 milliliters per 60 seconds = 1 gallon per hour.  The formula is found below. 

DU Low Quarter Formula

 Convert the value found to a percentage by multiplying by 100. 

  An acceptable DU value is between 85% and 95%.  A DU value between 75% and 85% should be improved and a DU value lower than 75% needs to be improved.   A system with a lower DU value is applying extra water through the emitters that are in the top 75% of output in order to supply the vineyard with water for adequate vine growth for emitters that are in the lowest 25%.   The investment in time of measuring DU over a period of years can alert you to problems of partial clogging of emitters or pressure issues with your irrigation system.  This gives you time to implement management activities before the problem gets worse.  Some management strategies are discussed below. 

  Many areas of the country have issues with poor water quality.  Some ions dissolved in water can lead to chemical clogging of emitters.  Calcium carbonate (Lime or Scale) is one of the most common of these compounds.  Calcium carbonate formation is favored with water pH of greater than 7.5 along with bicarbonate levels of 100 ppm or higher.   Chemical and microbial oxidation or iron and manganese can cause clogging.  Other causes of emitter clogging can be bacterial or algal growth as well as suspended solids.   Testing irrigation water quality every five years is a good practice in understanding what is contained in your irrigation water.

  Acidification may be necessary for irrigation water that tends to form chemical precipitates such as calcium carbonates.  Depending on water quality, acidification can be constant, or it can be done occasionally to prevent chemical clogging of the drip emitters.   Acids that can be used include sulfuric, hydrochloric, phosphoric or urea sulfuric acid.  An alternative to acids are synthetic scale inhibitors which reduce scale formation by preventing precipitation reactions from occurring.  The amount of acid needed to reduce the pH of the water can be calculated by titration using a pH meter.   Analytical labs can also recommend how much acid to use per volume of water.   Target pH levels for different situations are found below. 

Target Irrigation Water pH levels

Continual……………………………………………….5.5-6.5

Moderate Cleaning……………………………………….4.5

Shock Treatments…………………………………………2.5

  If you are doing acid shock treatments check with emitter manufacturers to make sure that emitter parts are able to tolerate these low water pH levels. 

  Always add acid to water; do not add water to acid. Adding water to acid can cause a violent reaction, and may cause the acid to splash on the person pouring the water. Individuals working with acids should wear protective clothing and eyewear. 

  Once the amount of acid needed is determined are determined, you will need to know the volume of water that is being applied per treated irrigation block.  This information can come from a flowmeter or by calculating drip emitters per block.  Actual drip emitter output, which you get when you do a DU test, will be more accurate than what is provided by the drip emitter manufacturer when installed.  

  As a If you are doing infrequent or shock acid applications, inject the amount of acid in a known amount of irrigation water that will fill the drip lines at full operating pressure.  After the acid has been injected and distributed to its furthest point in the irrigation block turn the system off and let the low pH water set for several hours(overnight) to dissolve chemical precipitates.  Turn system back on and flush five to fifteen drip lines at a time. 

  For emitter clogging caused by biological problems such as algae, moss or bacterial slimes chlorination is the preferred treatment.   Depending on how severe the problem is, chlorine can be injected continuously or occasionally. 

  Filter maintenance is critical to prevent physical clogging of drip emitters.  If you do not have automatic back flushing filter systems you will need to monitor for pressure loss across the filter using pressure gauges.  A pressure loss across the filters will alert you to debris clogging the filters. 

  Your irrigation system is a critical piece of vineyard infrastructure that needs to be maintained like all other parts of the vineyard.   Take the time to measure your drip systems performance so it can deliver water efficiently and effectively.  This is especially true if you use your system to deliver fertilizers and pesticides to your vineyard. 

Here are some great videos to assist you:

Acidification to Clean Out a Drip Irrigation System: https://youtu.be/Kty6ykScfwQ

Calculating Acid Amount for Drip Irrigation System: https://youtu.be/eOJCDqC3n0E

Adding Acid to Irrigation System: https://youtu.be/5duPeWDAIns

 Sources

  Schwankl, Larry, Blaine Hanson, and Terry Pritchard.  2008.  Maintaining Microirrigation Systems.  University of California, Agriculture and Natural Resources:  Oakland, California.  Publication 21637.

  Zellman, Paul.  2016.  Drip Irrigation System Evaluations: How to Measure & Use Distribution Uniformity Tests.  California Sustainable Winegrowing Alliance. https://www.sustainablewinegrowing.org/docs/DUArticle.pdf

  Kirk Williams is a lecturer in Viticulture at Texas Tech University and teaches the Texas Tech Viticulture Certificate program.  He is also a commercial grape grower on the Texas High Plains.  He can be contacted at kirk.w.williams@ttu.edu

Malic Acid & Chromatography

Cyndi
box of grapes

By: Tom Payette – Winemaking Consultant 

Malic acid is one of the major acids in grapes used to make wine.  In most cases it is secondary only to tartaric acid in quantity and then followed by succinic, citric, fumaric and other small quantity acids all contributing to a total acid or titratable acidity. 

  Every variety of grapes has a potential difference in the amount of malic acid that may proportionately exist in the grapes at harvest and much of this is predicated by the growing season, amount of rainfall, overall heat summation temperatures and night time temperatures.  Cool climates often have grapes higher in malic acid and warmer climates often have lower quantities of malic acid in the fruit.  Riper fruit generally has less malic than under ripe and so on; yet, winemakers should be cautioned not to try and use a measurement of malic acid as a sole predictor to grape ripeness for winemaking.  Further note fruits other than grapes such as cherries and apples have wide ranges of malic contents.  Cherry’s and apple’s principal acid is malic.

  In some traditional roles of winemaking such as wines made from the Bordeaux varieties, Burgundy varieties and Rhone varieties a decision by the winemaker may need to be made as to whether or not to perform a malo-lactic fermentation on those wines.  In making that decision, many factors come into consideration:  How much malic is present?  What is the pH now?  What will the pH be after alcoholic fermentation?  What is the predicted pH to be after malo-lactic conversion?

Malo-lactic Fermentation

  Unlike what the term indicates, this is not a fermentation done by yeast.  This process of converting the harsher malic acid, the acid dominant in most apples, to lactic acid, the softer acid dominant in most milk and cheeses is done by malo-lactic bacteria. This small bacterium is a Leuconostoc

oenos  and predominantly responsible for the “sterile filtration” standards of 0.45 absolute microns used as a wine industry standard today.  These small bacteria, often rampant in nature, can cause serious issues to any wine in the bottle or cellar that may undesirably undergo a potentially unwanted, uncontrolled wild fermentation.

  Many winemakers today control the malo-lactic fermentation process through cleanliness, pH, sulfur dioxide, temperature and controlled conditions to support or suppress the bacterial growth. Outside of these conditions, winemakers often select a desired malo-lactic bacterium to perform the desired job, giving a wine a desirable flavor and aroma attribute, while eliminating malic acid from the wine, or less likely, the must/juice.

Supporting the Growth

  Malo-lactic bacterial fermentations can be a challenge to any cellar.  Humorously, in some cases a winemaker who wants to suppress a malo-lactic will find one starting spontaneously and one that wants to encourage a malo-lactic will find the microbe to be stubborn.  The author has seen a huge correlation toward the microbes’ growth in relationship to the pH, temperature of the wine at inoculation and the temperature during microbe growth, sulfur dioxide use and timing of encouraging the process.  The pH of wine should be in certain recommended ranges hopefully above 3.10. 

  If below this pH, the microbe may be in serious jeopardy of surviving to do its functions of converting malic acid.  The temperature of the wine for a successful Malo-lactic should be slightly above 70 degrees F if possible.  This temperature (72 degrees F) will allow the microbe to perform rapidly and with success.  T he malo-lactic bacterial fermentation should be complete in twenty days or less on the average.  The sulfur dioxide of most wines must be relatively low from near zero ppm to about 15 or 20 ppm at a maximum.  Levels above 15 or 20 ppm may show signs of no to sluggish or incomplete activity.  The timing of a malo-lcatic is often best just after alcoholic fermentation has taken place.  This often turbid, nutrient and yeast rich solute can be a healthy environment for the microbe to grow and succeed consuming malic acid.

Suppressing Malic Bacteria Growth

  Referencing the above paragraph, many readers can draw their own conclusions on how to suppress the malo-lactic fermentation.  Colder temperatures especially below 50 degrees F will help slow or stop the bacteria, a free sulfur dioxide of 35 parts per million (PPM) or higher may help suppress the microbe and lower pH’s offer a more hostile environment to the microbe.  Most winemakers use temperature and sulfur dioxide adjustments to suppress a spontaneous malo-lactic before resorting toward potentially undesired pH adjustments in a must or wine.

PH Shifts During Malo-lactic

  The shift of a wine’s pH after a successful malo-lactic fermentation is difficult to predict.  Many times a wine pH may go up by 0.1 or even as high as 0.20 pH units or more.  This is dependent on the amount of malic acid content in the wine and how much was converted during the malo-lactic fermentation.  One must recognize at this time also that there are two different configurations of malic acid.  One is consumable by the malo-lactic microbe and one is not.  Therefore, some winemakers that have performed what they believe to be a successful complete malo-lactic fermentation process may, after performing a quantifiable test on the malic acid content, find some malic acid is indeed left of over.  This can be in the range of 22-30 milligrams per liter.  Each winemaker is left to his or her own decision as to what is an acceptable level and risk.

Filtration

  Winemakers that know their wines have come into contact with the malo-lactic bacteria often elect to filter those wines to a pore size of 0.45 microns.  We often show these wines as ML positive on our cellar inventories.  Other winemakers often assume, wisely so, that any wine in their wine cellar with malic acid is considered ML positive to be on the safe side.  With these assumptions, all the wines that have any malic acid in them should be filtered to a 0.45 micron level – just to be certain.

Paper Chromatography

  A non-quantifiable inexpensive process to measure malic content in wine, must and juices is the use of paper chromatography.  Winemakers are urged to use this crude, easy process in their cellars to measure their progress of a malo-lactic fermentation.  After using this “in house” testing technique winemakers are best served to measure the amount of malic acid in their wines in some quantifiable way to get an exact number to understand how much malic is still present in a wine or not.  Well-funded internal winery labs may have the tools in their own lab to measure this acid.  Others may find it cost effective to ship a small sample to an outside lab and have it measured at an external laboratory. 

Process

  The process of paper chromatography is very simple and very affordable.  Acids are carried, by way of a solvent, up the paper a distance related to each acid and or it’s standard.  After the paper dries one may look at the “developed picture” to understand what wine may contain what types of acid.  This is non-quantifiable as previously mentioned.

Tools and Chemicals

•    Chromatography paper

•    Chromatography solvent solution

•    Hematicrit tubes  0.05 (AKA Capillary tubes)

•    Malic acid standard

•    Lactic acid standard (Note I am leaving

      tartaric out)

•    Sharp #2 pencil

•    Straightedge or ruler

•    Paper towels

•    Well ventilated work area

•    Wines to be tested ;   10 milliliters or more.

•    Standard lab safety gear

  Some winemaking supply stores have affordable pre-assembled chromatography kits with instructions.

Procedure

1.   Clear and clean a space in the laboratory to be your workspace.

2.   Make sure the area is well ventilated since the solvent for the paper chromatography is very pungent and possibly harmful over a large period of time.

3.   Wash your hands thoroughly, twice, before handling the paper used with the paper chromatography.  This will remove any grease or dirt that may interfere with the results and action of the chromatography process.

4.   Place several pieces of clean dry paper towel on the countertop area to be the workspace.  This will be another layer of protection.

5.   Retrieve a piece of the chromatography paper from its container being very careful to handle it by the edges only.

6.   Place the chromatography paper on the paper towel work area.  Place the days date at the paper at the top of the paper.

7.   Using the straight edge and pencil, draw a straight line about one inch above the bottom of the chromatography paper.

8.   With the pencil, make small dots about 1.25 – 1.50 inches apart across the page along the freshly drawn straight line at the bottom of the paper.

9.   Under each dot make a code to reference the intended product or standard so one will be able to know what was placed at each dot.  Eg:  M= Malic   L= Lactic   Mer= Merlot   PN= Pinot noir and so on.

10. Retrieve from the cellar representative samples of each wine desired to be tested.  Only small quantities are needed.  Less than 40 milliliters.

11. Line each standard and wine sample up in front of the chromatography paper work space from left to right to equate what was drawn on the paper.

12. Take a hematicrit tube for each wine out of the hematicrit tube storage container for these.  Handle them only by the end that will not be in contact with the chromatography paper.

13. Holding the hematicret tube by the top end, quickly dip the receiving end into the acid standard or wine sample desired to be tested for each mark on the chromatography paper.

14. Once a small amount of the acid standard or wine is inside the hematicrit tube quickly touch the pencil spot made that is labeled for that standard or wine.  Be very careful to keep this organized and that each spot is exactly what it is labeled.  If in doubt – re-sample and start over.

15. Rotate left to right until all of the spots have their corresponding liquid on them.  (Do your best to make these spots very small with hopes they do not grow any larger than the size of a pencil eraser head.  Just a quick touch to the paper is plenty.

16. Wait about 4 minutes for each spot to dry and the reapply with the same appropriate hematicrit at each spot a second small spot of resultant correspondent liquid.

17. Allow these spots try roughly 10-15 minutes.

18. Prepare the solvent holding vessel with about one half to five eighths an inch of chromatography solvent.  (This solvent may remain in this vessel for subsequent uses and it should remain fresh for about 8 months)

19. Gently lower the chromatography paper with the wine and standard sample on it into the solvent.  Make sure the paper is level so the solvent will travel equally, and at the same speed, up the paper.  This takes about three to five hours.

20. Replace the lid on the container and set the apparatus where it will not be disturbed, moved or knocked accidentally.  One may check this container from time to time in order to estimate when to remove the paper.

21. After the solvent has visibly moved 95% of the way up the paper, one may remove the paper from the chromatography solvent vessel.

22. Replace the lid to the chromatography vessel.

23. Hang the freshly solvented paper in a well ventilated area to dry.  Make sure the drying process takes place away from any sulfur dioxide, bleach or other similar chemicals.  This paper should dry 10 hours or more and most winemakers allow it to dry overnight.

24. Read the chart the next day by looking at it.  Resist the temptation to look at it up close.  The author prefers to look at it about 5-7 feet away to get a true picture of what is happening.  The results will not be well defined and often ghostly or blurred.  This is normal.

25. Relate the distance the standards traveled to the distance the acids in the wine spots travel.  Try to ignore any colors from the wine such as potential red stains, etc.

26. Remember while reading this “film” that this is only used to get an idea of whether some malic acid is left in certain wines or not.  Some wines will have a more defined spot and others may be less easy to read. 

Calculation

  There is no real mathematical calculation as one can see.  One should relate where the malic and lactic acid standard spots are on the chromatography after the drying time and look horizontal to see if resulting spots exist in the same horizontal area above the wine spots.  This is an indication there is some of the same acid in the wine.

Mixing and Standardizing Chemicals

  Due to the difficulty of making these chemicals and the reasonable cost of the chemicals, it is recommended to order the chemicals from an outside lab.  Making the solvent is especially cumbersome with separation flasks and other tedious time consuming issues.

Other Helpful Tips

  Plastic gloves and goggles may be worthwhile to use if one finds they cannot handle the paper without getting skin oils and other contaminants on the chromatography paper, etc.

  NOTE: Always perform this test in a well ventilated area – the solvent is odorous and unpleasant.

References

Amerine, M.A., Berg, H.W., Cruess,W.V. 1972. The Technology of Wine Making

Zoecklein, B.W., Fugelsang, K.C., Gump, B.H., and Nury, F.S. 1999. Wine Analysis and Production

Verbal discussion with:  Mr. Jacques Boissenot, Mr. Chris Johnson, Mr. Joachim Hollerith and Mr. Jacques Recht.

Grapevine Leafroll & Red Blotch Virus Disease Management and Control

Cyndi
close-up of grape trees

By:  Judit Monis, Ph.D. – Vineyard and Plant Health Consultant

As the fall season approaches, symptoms of virus infection become more pronounced in the vineyards.  Leafroll and red blotch are the most important viral diseases that manifest in late summer and the fall season.  Often, it is difficult to distinguish leafroll from red blotch disease symptoms in the vineyard.  This is especially true on red-fruited grapevine varieties.  In this article I will summarize and update information on the biology, symptoms, transmission, and management of the viruses responsible for these important diseases.  

The Viruses responsible for Leafroll and Red blotch Diseases

  There are four different viral species associated with grapevine leafroll disease.   The viruses belong to the Closteroviridae family and are named Grapevine leafroll associated virus followed by a number (GLRaV-1 to -4).  Except for Grapevine fanleaf and red blotch, Koch’s postulates have not been completed with most of the disease-causing grapevine viruses.   The postulates state that a pathogen must be isolated in pure form from a diseased plant, later the pathogen (virus in this case) is introduced to a healthy plant, and the newly infected plant must show the same symptoms as the original infected one.  Clearly Koch’s postulates are important because they prove the cause and effect of a pathogen causing disease.  Because it has not been possible to complete Koch’s postulates with GLRaVs, the word “associated” is added to the virus name.  As I will describe below, researchers can tweak the definition of Koch’s postulates to prove that a virus causes a specific disease and drop the word “associated” from a particular virus name.   Within the Closteroviridae family, species of GLRaV are classified in three genera, Ampelovirus, Closterovirus, and Velarivirus. Grapevine leafroll associated virus -1, GLRaV-3, and GLRaV-4 belong to the Ampelovirus genus.  Grapevine leafroll associated virus -2 is a Closterovirus and GLRaV-7 is a member of the Velarivirus genus.  Some researchers claim that GLRaV-7 should not be considered a leafroll virus.   Recent research has shown that GLRaV-7 was isolated from a mixed leafroll infected vine and symptoms may have been due to the other leafroll virus present in the vine.  When found in single infections, GLRaV-7 does not appear to show typical leafroll symptoms.

  Grapevine red blotch virus (GRBV) is the second DNA virus species discovered in grapevines (its genetic material is DNA rather than RNA).  Both its molecular and structural characterization has placed GRBV in a new genus (Grablovirus) within the Geminiviridae family.   As stated above, it has been difficult to demonstrate Koch’s postulates, with grapevine-infecting viruses. There are many reasons for this.  Mainly, there are not many alternative hosts that are susceptible to most grapevine infecting viruses.  But most importantly, grapevine viruses cannot be mechanically transmitted onto grapevines.  These viruses need to be introduced to a vine by an insect vector or via grafting (graft-transmission).   Dr. Marc Fuchs team at Cornell University was able to demonstrate that GRBV genetic material is responsible for red blotch foliar symptoms in red fruited grapevine varieties.  The work was done using sophisticated recombinant DNA technology to introduce the virus genetic material into tissue cultured grapevine plants.   Time will tell, after the plants grow, if the infected vines also display the detrimental effect of the virus in organoleptic qualities of the fruit (i.e., reduction of sugar).

  Leafroll and Red Blotch Symptoms are Similar

  Vines infected with leafroll viruses produce smaller grape clusters that ripen unevenly with lower sugar content. Foliar symptoms include downward rolling, reddening, or yellowing of leaves depending on the grapevine variety. Other foliar colors associated with leafroll virus infection include pink, purple, and orange speckles. The leaf veins may remain green or take many other colors (yellow, purple, or red).  

  Grapevine red blotch virus infection displays different leaf discoloration which usually appear spotty or blotchy.  However, these symptoms are indistinguishable from leafroll, especially when rolling of leaves are absent in GLRaV- infected vines.  In red fruited varieties, GRBV infected vines can display red veins, but red veins have also been observed in non-infected vines, and many red-blotch infected vines do not display red veins.   In my opinion, red vein symptoms cannot be used as a diagnostic tool.   In white-fruited varieties red blotch disease displays yellow blotchy discoloration in leaves. While the symptoms of leafroll and red blotch can be confused, these diseases are caused by different viruses. As described above.  Further, visual diagnostics is complicated by the fact that grapevines often carry mixed infections of viruses and other pathogens.  Although, the change in colors of the leaves in the fall is a tale-tell of virus infection, the most important negative effect of both GLRaV and GRBV infection is the reduction of sugar in fruit resulting in lower Brix values and delayed fruit maturity.

  Some GLRaVs and their strains are more aggressive than others.  Researchers have described the Alfie (Australia and New Zealand), BD (Italy), and Red Globe (U.S.A) strains of GLRaV-2. These strains are molecularly similar and have been associated with graft incompatibility, vine decline and death.  Some researchers report that GLRaV-1 and -3 induce more severe symptoms than GLRaV-4.  However, symptoms vary depending on the grape variety, rootstock, and climatic conditions.  Now, two different genetic groups (clades) of GRBV have been reported but no differences in their biology or effect on symptoms in the vineyards have been described.  Just as seen with leafroll, the symptom expression of GRBV infected vines is affected by climatic conditions and the author has noted differences in the effect on sugar reduction in sunnier and warmer areas (i.e., California coastal areas with more fog and lower sunshine yield fruit with lower sugar concentration than the same grape clones grown inland with more sun/heat exposure).

Transmission and Spread of the Viruses

  Ampeloviruses (GLRaV-1, -3 and -4) are transmitted by mealybugs and soft scale insects in a non-specific manner.  This means, different mealybug and soft scale insect species can transmit any leafroll virus in the Ampelovirus genus.  Research has shown that the citrus (Planococcus citri), grape (Pseudococcus maritimus), long-tailed (Pseudococcus longispinus), obscure (Pseudococcus viburni) and vine (Planococcus ficus) mealybugs as well as the soft scale insects Pulvinaria vitis and Ceroplastes rusci are able to transmit GLRaVs. Mealybugs and soft scale insects feed on the vine’s sap by inserting their sucking mouthparts into the plant’s vascular system (phloem). The honeydew excreted during the feeding process attracts ants that nurse and aid mealybugs to be transported to different positions of the vine or a different vine in the row.  Mealybugs may be difficult to observe as they may hide beneath the bark.  However, the presence of sooty mold (a fungus) and ant activity can be a good indication that mealybug are present in the vineyard.  No insects able to transmit GLRaV-2 or GLRaV -7 have been reported to date and the propagation of these viruses is performed by humans who produce, graft, and distribute cuttings from infected vines.  

  Work by researchers at Cornell University and the University of California reported that the three-cornered alfalfa hopper (Spissistilus festinus) can transmit the GRBV in greenhouse and laboratory conditions.  Although, the three-cornered alfalfa hopper has been found in vineyard blocks where red blotch disease has spread, transmission experiments in the field have not been completed to date.   It is interesting that grapevine is not the preferred host for Spissistilus festinus that prefers to feed on legumes, grasses, and shrubs.  Furthermore, the insect is not able to complete its reproductive cycle in grapevines.  While research continues to determine if other vectors are capable of transmitting GRBV it is clear that the rapid expansion of this virus in vineyards was due to propagation and grafting of cuttings from infected vines.  This also explains the arrival of GRBV to many countries in Asia, Europe, and South America where GRBV had not been previously reported.   In summary, both, GLRaVs and GRBV are graft transmissible and predominantly propagated by producing cuttings of infected rootstock and scion material. 

Diagnosis and Disease Management

  The distribution and concentration (titer) of leafroll and red blotch viruses is different in infected plant material.  While leafroll detection appears to be seasonal (best detected late in the growing season), detection of red blotch virus can be performed any time of the year.   Further, work performed in my lab showed that red blotch virus can be detected in high titers in any part of the vine.  The work showed that red blotch virus can be detected in any tissue tested, new or mature leaves, petioles, green or lignified canes, as well as cordons and trunks.  In contrast, leafroll viruses are generally found in low concentrations and are best detected in mature leaves, canes, cordon, and trunk.  If a vine has been infected through cuttings, the older the plant material is, the easier it is to detect GLRaVs. 

  Keeping both leafroll and red blotch viruses out of the productive vineyards relies on clean planting stock programs.  Because both viruses are graft transmitted (and some also have biological vectors) it is important to implement a monitoring and sampling program at the nursery and production vineyards.  Vines that are symptomatic or that test positive must be removed from the vineyard to avoid spread (especially if one of the Ampiloviruses or GRBV are detected and the vector is present in the vineyard.  Depending on the disease incidence (I have developed a statistical sampling formula to calculate and help make decisions), the removal of a few vines or the whole vineyard is recommended. Different chemical and biological control strategies are available for the control of mealybugs that transmit leafroll viruses.  The use of chemical control, although might be used to control GRBV vector is not presently recommended.

Conclusions

  This author has been involved in applied research with the goal to determine the ideal process to protect clean planting grapevine stock and newly planted vineyards from infection of viruses and fungal pathogens.  Presently, information on what is the distance needed at the foundation and nursery blocks to avoid infection from diseased blocks is lacking. The results of the research will develop the best strategy to isolate and monitor clean planting stock.  Until we have this information my recommendation is that nurseries and growers determine the health status of grapevine stock prior to planting to avoid the propagation and/or introduction diseased vines to the vineyard.  Yet, it is imperative to isolate and monitor newly planted vineyards to avoid the introduction of disease via insect vectors.  It is important to remember that lack of symptoms does not always correlate with a healthy diagnostic result (rootstock varieties as well as non-grafted vines are usually asymptomatic), so it is best to test a statistical sample of the nursery propagated material to be sure of its health status.

  Judit Monis, Ph.D. provides specialized services to help growers, vineyard managers, and nursery personnel avoid the propagation and transmission of disease caused by bacteria, fungi, and viruses in the vineyard.   Judit (based in California) is fluent in Spanish and is available to consult in all wine grape growing regions of the word.  Please visit juditmonis.com for information or contact juditmonis@yahoo.com to request a consulting session at your vineyard.