SAFETY FOR YOUR WINERY:

Have You Fortified Your Workers’ Compensation Program?

wine tanks outside a winery

Even though there may be many aspects that are similar, the safety programs for every winery will in all likelihood look very different. Like any other effort to manage your risks, your plan will need to identify the risks you face and in turn determine how they will be managed.

There are many hazardous activities carried out in the wine industry that can result in a serious injury or even death if not managed properly. Your risks may include things such as:

•   The physical work environment

•   Occupational hazards(i.e. slips and falls, chemicals, cuts/lacerations)

•   Machinery, processing and substances used

•   Work practices and systems of work

•   Special events involving live music, weddings, special tastings, etc.

  A commitment to managing these safety and health risks is a great way for your winery to protect your greatest resource – your people. Spending time on health and safety can help create a better work environment and improve your worker morale. Winery accidents on the other hand, due to a lack of this kind of commitment, can have an immense impact on your injured workers, their co-workers and on their families in terms of pain, suffering, disability, stress and loss or change of employment. Your winery can incur direct costs that may include claims costs, increased insurance premiums, and fines. There are also indirect costs, which may include damage to property, the cost of finding and training temporary employees, and production or service interruption leading to loss of customers.  The total cost of an accident can be significant.

  At first, managing workers’ compensation for your winery may seem like a daunting task. You want to protect your employees while still keeping your premiums as low as possible.  There are many challenges to address. Avoiding accidents is a sure way to not only protect your employees but also keep your premium costs down. Where do you start? What should you focus on? A good way for you to begin is to identify areas that warrant your initial safety efforts by asking a few basic questions:

•    How frequently do safety incidents arise?

•    How will our management deal with them?

•    Who is responsible for mitigation efforts?

•    What costs are associated with each event?

•    What costs are associated with initiatives to mitigate them?

•    What safety and legal regulations are applicable to our organization?

•    What are the training and recordkeeping requirements?

  You might also ask your insurance agent to help you answer some of the questions above so you can determine your safety risks and in turn start putting together a safety program to specifically address your winery’s risks. In OSHA’s “Safety and Health Program Management Guidelines”, they suggest the following core elements be included in a Safety and Health Program to aid in managing workplace risks:

•    Management Leadership

      a) Top management demonstrates its commitment to continuous improvement in safety and health, communicates that commitment to workers, and sets program expectations and responsibilities.

      b) Managers at all levels make safety and health a core organizational value, establish safety and health goals and objectives, provide adequate resources and support for the program, and set a good example.

•    Worker Participation

      a) Workers and their representatives are involved in all aspects of the program—including setting goals, identifying and reporting hazards, investigating incidents, and tracking progress.

      b) All workers, including contractors and temporary workers, understand their roles and responsibilities under the program and what they need to do to effectively carry them out.

      oWorkers are encouraged and have a means to communicate openly with management and to report safety and health concerns without fear of retaliation.

      c) Any potential barriers or obstacles to worker participation in the program (for example, language, lack of information, or disincentives) are removed or addressed.

•    Hazard Identification and Assessment

      a) Procedures are put in place to continually identify workplace hazards and evaluate risks.

      oAn initial assessment of existing hazards and control measures is followed by periodic inspections and reassessments to identify new hazards.

•    Hazard Prevention and Control

      a) Employers and workers cooperate to identify and select options for eliminating, preventing, or controlling workplace hazards.

      b) A plan is developed that ensures controls are implemented, interim protection is provided, progress is tracked, and the effectiveness of controls is verified.

•    Education and Training

      a) All workers are trained to understand how the program works and how to carry out the responsibilities assigned to them under the program.

      b) All workers are trained to recognize workplace hazards and to understand the control measures that have been implemented.

•    Program Evaluation and Improvement

      a) Control measures are periodically evaluated for effectiveness.

      b) Processes are established to monitor program performance,  verify program implementation, identify program deficiencies and opportunities for improvement, and take actions necessary to improve the program and overall safety and health performance.

•    Coordination and Communication on Multiemployer Worksites

      a) The host employer and all contract employers coordinate on work planning and scheduling to identify and resolve any conflicts that could impact safety or health.

      b) Workers from both the host and contract employer are informed about the hazards present at the worksite and the hazards that work of the contract employer may create on site.

  By having an organized and integrated approach to the safety and health program for your winery, you can be well on your way to better managing the welfare of your employees and avoiding accidents and their associated costs.

Understanding Workers’ Compensation Basics

  Workers’ compensation was one of the first insurance programs adopted broadly throughout the United States.   It is designed to provide a satisfactory way to address the medical and economic aspects of employment related injuries.

  With this insurance, your workers’ are provided benefits for certain conditions sustained in the course of employment such as injury, disability, and death.  These benefits are paid without regard to fault in exchange for the worker giving up their right to sue  their employer.

  Most states have compulsory workers’ compensation laws requiring  employers to accept and comply with all provisions of the law. The purpose of these workers’ compensation laws is to provide benefits for any of your employees who suffer an occupational injury or disease. 

Important Wording Within These Laws Include:

•    A definition of “occupational injury” that appears in many state workers’ compensation laws is an injury “arising out of and in the course of employment.” 

•    “Arising out of employment” is generally interpreted to mean that the injury must arise out of a risk which is reasonably related to the employment. 

•    “In the course of employment” is generally interpreted to mean that for an injury to be compensable, it must occur when the worker is at work, during the hours in which they are expected to be there, and while they are engaged in the work that they are employed to do.  In other words it has to do with the time, place, and circumstances of the injury.

  While early workers’ compensation laws had no provisions for occupational disease, each state has now either incorporated occupational disease coverage into workers’ compensation  law or passed separate disease legislation.

  All workers’ compensation laws incorporate four types of benefits: Medical, Disability, Rehabilitation, and Survivor also known as death benefits.

•    Medical benefits provide payment for the medical treatment of an injured worker.  

•    Disability benefits compensate workers who are unable to work as a result of a work-related injury.

•    Most states have laws addressing workers’ compensation rehabilitation benefits and every state accepts the provisions of the Federal Vocational Rehabilitation Act of 1973. 

•    Survivor also called “Death Benefits” attempt to compensate a surviving spouse, children or other relatives of a worker whose death results from an on-the-job injury.

  The most common funding method to pay for these benefits is a workers’ compensation insurance policy from a private insurance company.  Under this method you, as an employer transfer all compensation obligations to your insurance company, which then pays worker benefits to your employees and handles other details required by law. 

Fundamentals of Managing Workers’ Compensation Safety Program

  Reducing the frequency and severity of claims is the best way you can contain your total cost of workers’ compensation.  Written safety programs that address the hazards your employees are exposed,  along with top management support and effective employee training not only help reduce direct claims expense, but eliminate the indirect or “hidden” costs of workers’ compensation claims.  These programs can produce substantial savings for your winery over time, since related expenses such as: loss of services, cost of training a new worker, temporary help, and administrative expense are often multiples of the direct claims costs incurred.

Claim Investigation

  Your supervisors and managers will play a key role in preventing claims and must understand the importance of thoroughly investigating the causes of injuries and taking appropriate corrective action to eliminate unsafe conditions and practices that produce claims.   It is frequently your supervisors who play a pivotal role in the opportunity for, and success of return-to-work programs including: modified duty and transitional work programs.

  Actions taken by your supervisors immediately after an injury occurs can have a major impact on the ultimate disposition of your claims.  These individuals are critical since they are frequently the first to know of claims and have the initial opportunity to investigate, direct and manage events.

Claim Reporting

  Prompt reporting of insurance claims should be encouraged and is considered a best practice in workers’ compensation.  There are significant benefits for promptly reporting all of your employee injuries.  This includes:

•    Most states have reporting requirements for insureds to report claims on a timely basis and may impose monetary fines as a penalty for failing to report claims.

•    Prompt reporting allows the claim adjuster to complete a timely investigation of the loss to determine compensability and to determine an appropriate plan of action for resolving the claim.

•    “Red flag indicators” of fraud are able to be detected and this allows the carrier to determine whether a case should be referred for surveillance or if there is an opportunity to pursue subrogation against a negligent third party.

•    The prompt reporting of injuries allows medical treatment to occur within specialized occupational medical clinics familiar with treating workers’ compensation injuries with a focus on facilitating an early return-to-work to promote quicker healing.

•    In some states, workers’ compensation benefits may be reduced (or altogether denied) if there is confirmed evidence of alcohol or a prohibited drug on a post incident drug test.

Medical Control/Provider Selection and Management

  Proper selection of workers’ compensation medical providers, combined with effective referral procedures and ongoing provider communication programs can significantly reduce your claims expense. Medical providers must understand your winery operations and human resources philosophies, should specialize in occupational medicine, and be willing to work closely with your insurer.

Return-to-Work

  It is well established that returning injured employees to the workforce in a timely manner substantially decreases both direct and indirect costs.  Programs that focus on managing temporary disability, permanent disability and early return-to-work will have the greatest impact on reducing claims expense and increasing employee satisfaction and productivity.

  There are many approaches to establishing return-to-work programs, based on your winery’s culture and individual needs. They range from simple “modified duty” plans to fully integrated “total absence management” programs seeking to use the same practices and protocols to manage all time off work – both occupational and non-occupational injury and illness. In addition to reducing workers’ compensation expense, these programs can decrease your exposure under the Americans with Disabilities Act (ADA) and other similar federal and state laws.

Know your Experience Rating or Experience Modification

  An experience rating or modification provides a financial incentive to reduce workplace accidents.  The rating does not apply to all employers.  Most small employers are not eligible.  Visit with your insurance agent to determine if or when you may qualify for an experience modification.

  An experience modification compares your winery’s loss or claims history to all other companies in the same industry that are similar in size.  A modification of less than 1.00 reflects better than average losses while over 1.00 reflects worse than average losses.  The modification increases or decreases the cost of your winery’s workers’ compensation insurance premium.  It must be applied to your policy regardless of the insurer.

Conclusion

  There are many things to consider as you attempt to “fortify” your workers’ compensation” exposures. Not only do you need to have controls in place to manage the safety and health risks inherent to your winery you also need to have systems in place to manage a claim should it occur. Having an integrated management system such as this can greatly help your winery in addressing these risks.

  This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This publication is not intended to be legal, underwriting, or any other type of professional advice.  Persons requiring advice should consult an independent adviser.  Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete.  

© 2020 Markel Service, Incorporated.  All rights reserved. 

ACQUIESCE WINERY:

Lodi’s Hidden Gem

woman holding a bottle of wine and glass

By: Nan McCreary

When wine aficionados think of Lodi, California, Zinfandel comes to mind. Yet, in this sea of red, is Acquiesce Winery, a hidden gem that makes nothing but white Rhône wines.

  When Rodney and Susan Tipton purchased an 18-acre plot of land near Lodi with a hundred-year-old barn and 12 acres of Zinfandel, grape growing was the last thing on their minds. They named the property “Acquiesce” after a k.d. lang song with the same name, which reminds one to acquiesce, or surrender to nature and enjoy the quiet. This was in 2000, and Lodi was buzzing with vineyards and wineries. Inevitably, the Tiptons developed an interest in the local wine trade. 

  “We started making wine as home winemakers and, at the time, I just happened to taste a Grenache Blanc from Châteauneuf-du-Pape and thought it was the best wine I’d ever had,” Susan Tipton said. “I tried to buy two cases, but the store owner said, ‘You are holding the last bottle in California.’ This is where we began our journey.”

Susan, who managed various enterprises while she and Rodney raised three boys, describes herself as a worker-bee, so she set out to learn all she could about white Rhône grapes. She discovered that only 6% of grapes in Châteauneuf-du-Pape are white, and most don‘t make it to the U.S. When they do, they are usually oaked and expensive.

  Winemakers in Lodi discouraged her from making white wines, saying she’d need red wines to stay in business, but Susan remained undaunted. “I fell in love with the Rhône wines, especially the whites in the Châteauneuf-du-Pape grouping,” Tipton said.  “I always thought white wine was treated as a second class citizen—you never see a 100-point white wine—so I wanted to do white wines, and I wanted to do them right.”

  Research on the Lodi terroir encouraged Susan to pursue her passion. The climate was similar to the Southern Rhône, with warm, sunny days to ripen the grapes and the delta breeze from the Pacific Ocean to cool the grapes at night. Plus, the sandy soil on their property was perfect for nourishing the grapes. She was convinced they could grow Rhône grapes, and grow them well. 

  In 2005, with Susan as the winemaker and Rodney as operations manager, the two planted their first grapes–clones of Grenache Blanc from Tablas Creek Vineyards’ cuttings, which originated from the famed Château de Beaucastel in southern Rhône. The success of these wines led the Tiptons to plant Roussanne, Viognier, Picpoul Blanc and more Grenache Blanc in 2009.

  “At the time, we were making so much wine that we had more than we could give to friends,” she said, “so we decided to open a tasting room in the old barn. We started a wine club too, and when it developed a significant waitlist, our members encouraged us to plant more grapes.”

  In 2015, the Tiptons planted more Picpoul Blanc, Roussanne and Grenache Noir, along with new varietal Clairette Blanche. In 2016, Acquiesce Winery was the first vineyard in the U.S. to plant Bourboulenc. All Acquiesce vines are cuttings from Château de Beaucastel.

  Early in this journey, Tipton hired winemaker Heather Pyle Lucas, one of the founding winemakers at Opus One Winery, to guide her through the winemaking process. Lucas, with 30 years in the industry and owner and winemaker at Lucas Winery in Lodi, assured Tipton that she could make world-class wines.

  “I was super excited about this,” Tipton said. “I was always the winemaker, but she worked with us for over 10 years as a little bird on my shoulder who was giving me helpful hints and instruction as we went along. She really helped us to create our vision.”

  That vision has come to fruition. Today, Acquiesce is truly a jewel in the crown of Lodi, the largest grape region in the world. As a one-of-a-kind vineyard, creating white wines exclusively, Acquiesce wines sell out every year, and its wine club is the hot ticket in town. The winery is also introducing people to the white wines of the Southern Rhône, which are extremely rare in the U.S. According to Tipton, their signature wine is the Grenache Blanc, the grape that “sold” her on Rhône wines.

  “Grenache Blanc is a one-off of red Grenache and has a big mid-palate like a red wine,” Tipton said. “People who think they don’t like white wines come to our tasting room and try the wine and say, ‘Wow, I’ve never had a wine like this before.’”

  Tipton attributes their success to a passion for the grapes and strict attention to detail. Grapes are estate-grown, hand-picked, whole-cluster pressed and fermented in stainless steel – no oak. “Our whole goal is to bring what’s in the vineyard into the bottle without interference.”

  The Tiptons farm their grapes according to the area’s “Lodi Rules”: over 120 farming standard practices that help farmers manage their vineyards sustainably. The rules are divided into six categories: ecosystem management, water management, soil management, pest management, business management and human resources. “Our vineyard manager certifies us every year,” Tipton said. “We live on the property, so it behooves us to make sure we’re doing what’s best for us and our customers.”

  In the cellar, Tipton carefully “babysits” the grapes during fermentation. “I’d made big reds—Zinfandels—on the property and thought it was pretty easy, but making white wines and rosés is very challenging,” she said. “I’ve talked to people in France who’ve said the same thing. It’s all a timing issue. I have to make sure the wine maintains a certain temperature during fermentation, I limit its exposure to oxygen, and I take care to fine and filter it properly. During this process, if you do one little thing incorrectly, the whole batch can turn out wrong.” 

  Rosés, she said, are particularly sensitive if the temperature and yeast are not quite right. Acquiesce produces a Provence-style rosé from Grenache, using the direct press method. According to Tipton, the grapes for direct press are picked at lower brix and higher acids than grapes harvested for the saignée method. This keeps the alcohol levels down and brings up the acidity, resulting in grapes with more perfumed aromatics and delicate flavors.

  Acquiesce wines are all of premium quality and single variety, with the exception of two blends: Belle Blanc, a blend of Grenache Blanc, Roussanne and Viognier; and Ingénue, a unique blend of Grenache Blanc, Clairette Blanche, Bourboulenc and Picpoul Blanc. The winery also produces a méthode champenoise Grenache Blanc that Tipton describes as “mineral-driven and crisp, a lush and elegant representation of Lodi’s terroir that pairs well with everything.” Tipton believes she makes the only méthode champenoise sparkling Grenache Blanc in the world, and she knows of only two other wineries in the U.S. making Clairette Blanche.

  Many of Acquiesce’s wines have won multiple national and international awards, with numerous Double Gold, Gold and Best of Class awards. In 2016, Tipton’s Viognier was awarded Best in the State at the California State Fair.

  While the Acquiesce tasting room is temporarily closed because of the coronavirus, the winery, like many others, is “pivoting” by offering virtual tasting experiences that include food pairings specially matched for each wine. These experiences are similar to what Tipton offers when the tasting room is open to customers.

  “We up our game and try to have conversations– whether live or online–about why these wines are special,” Tipton said. “When you pair them with the right foods, it can be life-changing.” Wines for the tastings can be ordered online at discounted shipping rates or picked up at the winery.

  As the Tiptons look to the future, they are content to stay where they are, producing 4,000 cases a year and selling their wines only out of the tasting room. Since they sell out of their annual production, they close the tasting room four months out of the year.

  “It’s basically just my husband and me, and we have two guys who help us during pressing, so we have no interest in growing,” Tipton told The Grapevine Magazine. “We called our property Acquiesce because we really wanted to surrender, but, in fact, we haven’t really acquiesced because we’ve been working so hard. But it’s been fun, and we have acquiesced to the grapes. That is our mantra: to submit to nature, to yield to the vineyard, to acquiesce to the grapes, so they present their own true character.”

For more information on Acquiesce Winery and their virtual tastings, visit their website at https://www.acquiescevineyards.com/.

Modern Approaches to Alternative Wine Packaging

wine packaging machine

By: Alyssa L. Ochs 

Long gone are the days when wine only came in standard bottles. For some traditionalists, this is a tragedy, but for many wine enthusiasts, it’s an exciting time for innovation in the industry.

  Modern technology has paved the way for wine to now be packaged in cans, boxes, bags and pouches. There are pros and cons to each packaging method, yet single-serve portability is a top priority among wine consumers, driving growth in the alternative packaging industry.

Types of Alternative Wine Packaging

  One of the main bottle alternatives on the market today is wine in cans. Aluminum cans are a popular option because they are recyclable, easy for on-the-go consumption and offer a single-serving option for enjoying wine. Wine boxes, also known as bag-in-the-box, feature an air-tight bladder inside a paperboard container. This type of packaging is cost-efficient for the manufacturer and the consumer, and it’s easy to pour and reuse for multiple wine-drinking sessions.

  Tetra paks are mostly made from recyclable materials, making them an eco-friendly wine choice with air-tight seals for long-lasting wine. Another option is lighter-weight glass bottles, which reduce the thickness of the glass wall and remove the indentation from the bottom of the bottle. Flat wine bottles were first introduced as novelty gifts, but they are also viable alternatives for taking up less space, reducing transportation costs and reducing a wine producer’s carbon emissions.

  Meanwhile, kegged wine has been growing in popularity as an on-premises option and offers by-the-glass pours at restaurants and bars. The next wave of wine products is getting even more creative with wine packaged in tubes, triangular-shaped bottles and other eye-catching specialty shapes that capture the imagination. 

Pros & Cons of Packaging Options

  As with all aspects of winemaking, there are pros and cons to the various wine packaging options available to wineries today. Many alternatives weigh less, don’t break as easily and produce fewer greenhouse gases than traditional bottles. Alternative packaging allows for more experimentation opportunities for wineries curious to try creative flavor profiles in single-serve portions.

  Tim Orr, the president of TORR Industries in Redding, California, told The Grapevine Magazine that some alternative packages are beneficial because they offer more advertising space than glass bottles, which only have a few inches of space for branding. Founded in 2007, the TORR Industries management team has over 50 years of combined experience in filling bag-in-box, stand-up pouches and shelf-stable extended shelf-life food products, as well as bulk aseptic packaging. TORR designs and manufactures wine filling, packaging and dispensing solutions in its Northern California facility.

  Alternative packaging options typically succeed better than bottles at allowing the same container of wine to be enjoyed over multiple days. However, wine may not age as well in alternative containers, which is a problem for certain types of wine. Glass bottles excel at keeping oxygen and microbes out of the wine and preventing it from going stale or growing mold while retaining the best flavor. Although attitudes are changing, the perception still exists that wine in alternative packaging is of lower quality than wine in glass bottles.

Cost Considerations

  Although style is important when choosing wine packaging, the ultimate decision often comes down to cost. Bag-in-box wine is economical, and by putting more premium wine into boxes, a producer’s profit margin may increase. Transportation costs can be lower for alternative packaging because lighter loads without heavy glass are cheaper to carry, especially when shipping wine across the country or overseas.

  However, packaging costs may increase if a winery chooses to switch gears entirely and buy expensive equipment to accommodate new packaging strategies. This is especially true if a winery is still in the experimental phase of package design and isn’t yet sure if the packaging style will resonate with consumers or maximize product quality over time.

Life Expectancy Considerations

  The amount of time that wine stays fresh should always be a top priority when choosing a packaging strategy. Glass bottles are known for their long shelf life and can last for decades because glass does not chemically react with the wine.

  Wine packaged in cans should have adequate acidity to maintain the freshness of flavors and help it last longer. There have been considerable strides in technological improvements for both oxygen control and bag films. Ten years ago, consumers would often find bag-in-box wine to have inconsistent taste and quality. However, this is hardly a concern today, thanks to the high-tech fillers propelling this industry into the future. 

Machinery for Different Packaging Strategies

When a winery decides to change packaging types, it often needs to upgrade its equipment to handle new demands or outsource packaging to a specialized company. The machinery required to make a switch may include canning machines and filling equipment.

  Delkor Systems has recently developed cutting-edge packaging machinery for the wine industry – Delkor’s Performance Case Packer with patented Intelligent Synchronization technology. Based in St. Paul, Minnesota, Delkor makes case packers for bottled, pouched, canned and bag-in-box wine, as well as cartoning machines for canned wine and a bag-in-box closing machine. The Intelligent Synchronization equipment design is compact and new to the wine industry, offering two useful applications: the automatic cartoning of eight-ounce wine cans into four- and six-count paperboard cartons, and case packing of the paperboard cartons into boxes for shipment.

  “It controls product flow and pattern building, effectively reducing machine footprint, costs and changeover time,” Dale Andersen, the president and CEO of Delkor, told The Grapevine Magazine. “With Intelligent Synchronization, Delkor has been able to reduce the footprint of its wine can carton loader or wine can carton case packer to just a six-by-six-foot frame and reduce machine changeover to less than eight minutes.”

  Andersen said that this technology would eventually replace current case packer designs because it does electronically what many machines currently to do mechanically. This “smart machine” eliminates guide work and other machine points that cause both container and label damage, so it is natural for use in the wine industry. In 2021, Delkor will be introducing a compact Performance Case Packer for wine bottles and one for bottle unloading – both with its patented Intelligent Synchronization.

Following What’s In-demand

  While weighing the options of packaging types to use for wine, learn about what’s most in-demand with consumers right now and why. Currently, top priorities among wine drinkers, especially the younger generation, are portability, on-the-go usage and discretion. Alternative containers can also offer the benefits of being less breakable and having a different type of wine for your second glass instead of committing to an entire bottle of the same wine.

  Bag-in-box wine has become increasingly popular during the COVID-19 pandemic because of budget concerns and more time spent at home rather than going out to wineries and bars. Even before this, bag-in-box wine gained significant traction among younger drinkers between the ages of 21 and 35. Another consumer demand is a heightened focus on environmental sustainability, which can be addressed through packaging design.

Wine Packaging Trends

  It may be essential to observe wine trends when reconsidering how to package wine. Right now, there is a movement to make wine more affordable and accessible to new consumers – often younger consumers who have different standards and preferences than wine drinkers who have been enjoying bottles for decades.

  There is also a trend of putting higher quality wine into alternative forms of packaging, hoping to change the perception of non-bottled wine and open up people’s minds about what makes a good wine. These higher-quality offerings, paired with more creative marketing and advertising strategies, catch new consumers’ attention. That attention then propels alternative packaging products forward and opens up the market for new packaging players with innovative ideas.

  Orr of TORR Industries has noticed a huge growth in the bag-in-box wine industry and much more demand since the start of the COVID-19 pandemic. He said that canned wine has seen a growth curve of around 1%, where bag-in-box packaging is closer to 20% of wine sales, up from approximately 15% a couple of years ago.

  “I attribute this to the fact that the stigma of boxed wine is going away since this is a great option for not having to drink the whole bottle because coronavirus is leading to more home consumption and because of better techniques to control the oxygen.”

  Orr said that his company is building and selling equipment to top wineries because it injects nitrogen and vacuums the bag to purge the oxygen before filling. In this way, his machinery gets oxygen levels down under 2% rather than the 20% standard that this packaging used to have with older technology.

  Andersen of Delkor has observed that the movement of wine into cans is a significant change in the industry. He and Ryan Broughton, Delkor’s sales manager, told The Grapevine Magazine that what their customers in the beverage industry are talking about most is single-serve. Cans offer an alternative for a new class of wine consumers not focused on the quality aspects of glass bottles, but more on convenience. According to Andersen, “one could make the argument that this is a totally new market opportunity, so it is making the circle bigger rather than taking market share away from current wine sales.”

Choosing the Right Packaging

  Each type of wine packaging has its benefits, so the choice largely comes down to the winery’s goals, budget and target consumer. However, different styles of wines do better in various types of packaging. For example, some wineries keep sparkling wine and aged red wines in bottles but put experimental and mid-range wines into alternative packaging to test it with their customer base. 

  To choose the right packaging for your wine, assess current customers as well as those you want to attract in the future. Consider how much and how often you ship wine to determine if alternative packaging can help save on shipping and transportation. Determine per-unit costs and ensure that new production costs will fit within your budget. Also, think about how a change in wine packaging may impact the perception of the winery’s brand. If using multiple types of packaging, it may be a good idea to keep a few things consistent – such as the logo or colors – across all forms, to keep your brand recognizable.

  Orr of TORR Industries would advise a winery looking to try alternative packaging to “understand the market, look at the viability of bag-in-box, and look at the growth curve.” His other piece of advice is to find a winery that does co-packing and set up a small contract packing arrangement to test out alternative packaging for your winery.

  For wineries looking to try packaging alternatives to glass for the first time, Broughton of Delkor suggested “looking for a system that has good capability, that can adapt to ever-changing needs and that can produce small pack and large pack counts.” Delkor’s Andersen suggested having a machine that can handle both traditional bottles and cans for single-serve. “Have a plan to address single-serve because demand is increasing, and your machinery must be able to keep up with this.”

Ashley Trout: Blazing the Trail for Women Winemakers

Ashley Trout holding a wine glass
Ashley Trout, Flying Trout Wines

By: Nan McCreary

If anyone can rightfully boast about their place on Wine Enthusiast Magazine’s 2018 “Top 40 under 40,” it’s Walla Walla, Washington winemaker and social justice advocate, Ashley Trout. As an integral part of the Washington wine industry since 1999, she has started three wineries, including a non-profit winery for better access to health care for vineyard and cellar workers. With expertise that comes from working eight harvests in Argentina, she is putting her stamp on wines created by a new generation of women winemakers.

  Trout’s journey on the wine trail began when, at age 18, she chose to use college as an opportunity to do something different, so she gave up big-city living (Washington D.C. and Los Angeles) and landed at Whitman College in the small town of Walla Walla. “I’ve always been a ‘when in Rome, do as the Romans do’ kind of person,” Trout told The Grapevine Magazine, “so I took a part-time job at Reininger Winery. It was right at the inception of the Washington wine industry, and there were lots of us in our 20s who would do any and every job. We’d show up at midnight, or on Saturdays, we’d pack boxes, and if we didn’t know how to drive a forklift, we’d figure it out. It was a quintessential example of being at the right place at the right time.”

  She worked at Reininger Winery for eight years, and in her fifth year, had an “aha moment” that ignited her passion, and led her to where she is today. “I was in a rock-climbing accident and broke everything,” she recalled. “When I missed harvest, I realized how inappropriate it felt that other people were doing harvest, and I wasn’t harvesting with them. That’s when I really doubled down.”

  Trout began working the harvest regularly in Mendoza, Argentina, following her love of the Malbec grape. In 2006—at only 24—she opened Flying Trout Wines, named for her surname and the fact that she was flying between Argentina and Washington state.

  “I’d been in the wine industry for five or six years, and I loved everything about the job and wanted more control over the wines I was making,” she said.  “I also wanted the freedom to go to Argentina and participate in harvest and make wines there as well as here in Washington, so I just did it.”

  At Flying Trout, Trout focused on Malbec, because, she said, “It’s a wonderful grape to work with, and gives you everything you need on a silver platter—acid, color and tannins—which are the bones of what you really need for an amazing wine.” Trout sourced her grapes from top Walla Walla vineyards, which, except for altitude, have a nearly identical terroir as Mendoza.

  Trout sold Flying Trout in 2010 but stayed on as winemaker until 2013. In 2016, after a brief hiatus, she launched Brook & Bull Cellars. “I was at a point in life where I wanted to have creative control of the wine and the winemaking process and creative control over the business parts as well,” Trout told The Grapevine Magazine. “I’d had it before at Flying Trout and wanted it back.”

  At Brook & Bull, located in the rolling hills of the Walla Walla Valley, Trout produces Malbec, Chardonnay, Cabernet Franc, Cabernet Sauvignon, Petit Verdot and blends. She also makes a Provence-style Rosé from Grenache, Mourvèdre, Cinsault and Counoise grapes. Rather than start a vineyard, Trout prefers to source grapes from top vineyards in the area. “Maintaining and managing a vineyard and maintaining and managing a winery are two different skill sets,” she said. “In a vineyard, you’re dealing with mold and mildew and insects and pest and irrigation issues, and you’re dealing with biology and geology and meteorology. Within a winery, …it’s more like cooking, blending and tasting. It’s organic chemistry more than anything.”

  While she was launching Brook & Bull, Trout also started Vital Winery, which supports free, bilingual healthcare for workers. “Vital had been stuck in my head for a long time,” Trout said. “I grew up in a bilingual, bicultural home, and I did a lot of translating for grandparents who needed help with information, especially when it was medical jargon, so I understand the need.”

  Vital Winery is fully supported by donations, from grapes to bottles to corks, and all profits go into the mission, “Taking Care of Each Other.” Besides providing health care, Vital Winery raises funds for a project called “A Day at Home,” so vineyard employees potentially exposed to COVID-19 can stay home for testing without concern for the loss of daily wages. The non-profit winery has earned Trout accolades throughout the country, not just for her wines but for her services. And it is has benefited tremendously from wineries eager to donate—Trout said she turns down 30 to 100 tons of donated fruit every year, much of it from top wineries in Washington state. 

  While Brook & Bull and Vital Winery are two different types of projects, both are wineries and require the same winemaking knowledge and skills. At Vital, Trout’s wines fluctuate between which grapes and vineyards are used, changing every year. On the other hand, at Brook & Bull, Trout can count on consistency—other than what Mother Nature delivers—by using the same vineyards, the same varieties, the same rows and the same clones every year. 

  “I know what’s coming, and I can wrap my head around that and can get into an artistic zone because all those variables are taken care of,” she said. At both wineries, Trout strives for “varietally driven, nuanced and intricately balanced wines.”

In summing up her winemaking philosophy, Trout said, “I set myself up so I could say, ‘if it ain’t broke, don’t fix it.’ If you set yourself up to fight (nature, for example), you’re going to lose, and it will be a slow, painful battle.”

  In applying this philosophy, Trout sources from vineyards and varietals that excite her. To attain balance, she picks on the early side. “By picking early,” she said, “I get grapes with more acid, which have antibacterial properties, and produce wines that are more food-friendly and more balanced. Balance is a big issue for me.”

  Trout is not a big fan of oak, as she prefers to “showcase” the grapes. “Most high-end wines are slammed with oak,” she said, “but I have $40, $50 and $60 wines with almost no oak. I’ve made it my little personal mission to teach people what an amazing Cabernet Sauvignon, Cabernet Franc or Malbec tastes like without the oak band-aid covering things up.”

  While Trout has indeed received plenty of recognition as a winemaker—and a rising star among women winemakers—she continues to be committed to her craft, and to set an example to other women in the field.

  “Today, 70% of wines are purchased by women, but only 8% of winemakers are women,” she said. “And 47% of male winemakers own their own winery, while only 4% of women do. That’s a huge disconnect. I think it’s really important for women in the wine industry to stand tall and proud because there aren’t many of us. If we want the next generation to join us, we need to show that there are other women doing it, having a good time and being successful.”

  Many women are reluctant to enter the industry, Trout believes, because the work is so physically demanding. Women may also stay away, she said, because there are so few women winemakers that they assume there’s a reason and don’t consider it. While Trout said she’s never experienced sexism, she has run into age-old prejudices where people expect her to be the winemaker’s daughter or wife.

“When I’m behind the bar in the tasting room, no one ever imagines that I’m the winemaker,” she said. “They always think I’m a family member. But finally, when they get it, everyone is really excited.”

  As Trout looks back on her journey, her only regret is that she didn’t bet on herself in a bigger way. “I can see that I didn’t look hard enough for investment dollars, I didn’t hire experts and I didn’t grow. I didn’t take myself seriously as an owner of a major winery. But as a minority in the industry, and a 20-year-old, it wasn’t surprising, even if it was a mistake.”

  As for the future, Trout seems content to stay where she is. “It’s an exciting time to be in Washington now,” she said. “We still have a young and dramatic and passionate industry. We’re still filled with 20-somethings who are showing up at midnight doing whatever needs to be done, and that’s exciting. But now we have the efficacy we didn’t have when I was getting started, as the industry has been here for 15 or 20 years. It’s really the best of both worlds.”

For more information on Ashley Trout and her wines, visit… www.brookandbull.com and www.vitalwinery.com

Don’t Get Caught Off Guard During Wildfire Season: Tips For Your Winery

winery in front of a wine vineyard

Weather conditions and natural disasters occasionally take a toll on vineyards and other agricultural production systems. Due to climate change and recurring droughts, some of which are severe, the frequency and severity of wildfires is expected to increase. These risks highlight the need for winegrowers and winery owners to be as prepared as possible to reduce risk.

Putting Your Plan Together

  Many wineries may have already revisited their evacuation plans and filed them with their respective state agencies. Staying current of wildfire season developments can help enhance your ongoing planning and preparedness. Technology can also support your wildland fire planning and response. Additional planning resources by the American Red Cross are available at: www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html

Steps to Take Before a Wildland Fire Event

•   Take a close look at your winery’s communication protocol for evacuations. Everyone should have a clear understanding of any community alarms that signal when you need to evacuate. Assign specific accountabilities to staff so everyone works collectively to achieve a positive outcome of protecting lives and property.

•   Work with your regional Forest Service to better understand emergency evacuation procedures in your area.

•   Coordinate with the American Red Cross, FEMA, and other emergency agencies to give them the locations of your evacuation sites. Invite your local fire department out as part of a fire pre-incident plan. They should be provided a map of your property, highlighting planned evacuation routes. They can also offer technical assistance to support your plan.

•   Prepare and post route maps for each site, including alternate routes. With a large fire, you may need to use “Plan B.”

•   Consider forming a cooperative agreement with another site to share resources and serve as an evacuation site.

•   Identify key equipment to be evacuated, including computers and other vital records. As part of your business continuity planning, programs should already have information backed up and stored remotely. But, in case you don’t, practice removing this equipment as part of your practice response.

•   Stock an ample supply of water and easily-prepared foods until rescue arrives.

Controlling Wildland Fire Exposures

  Wildland fires are one of the most catastrophic threats to wineries.  Protecting your structures from ignition and fire damage is an important program objective second only to an evacuation plan. Taking precautions ahead of time can help reduce the exposure of a wildfire intrusion. There are a number of proactive measures a winery can take to mitigate the property damage a wildland fire can cause.

  To support a fire adaptive community philosophy, the local fire department or authority having jurisdiction for your winery should require you to develop a landscape plan for your property. It is wise to seek their advice and incorporate their recommendations as you develop a plan specific to your location. You can learn more about fire adaptive community planning at the Fire Adaptive Communities, www.fireadapted.org

According to the NFPA 1144 – Reducing Structure Ignition Hazards from Wildland Fires, fire protection plans should address four zones around a property.

What are the Primary Threats to Property During a Wildfire?

  Research around property destruction vs. property survival in wildfires point to embers and small flames as the main way that the majority of properties ignite in wildfires. Embers are burning pieces of airborne wood and/or vegetation that can be carried more than a mile through the wind, they can cause spot fires and ignite structures, debris and other objects.

  There are methods for property owners to prepare their structures to withstand ember attacks and minimize the likelihood of flames or surface fire touching the structure or any attachments. Experiments, models and post-fire studies have shown structures ignite due to the condition of the structure and everything around it, up to 200’ from the foundation.  This is called the Structure Ignition Zone.

What is the Structure Ignition Zone?

  The concept of the structure ignition zone was developed by retired USDA Forest Service fire scientist Jack Cohen in the late 1990’s, following some breakthrough experimental research into how structures ignite due to the effects of radiant heat. 

The structure ignition zone is divided into three zones; immediate, intermediate and extended.

Immediate Zone

  The structure and the area 0-5’ from the furthest attached exterior point of the structure; defined as a non-combustible area. Science tells us this is the most important zone to take immediate action on as it is the most vulnerable to embers.

  START WITH THE STRUCTURES then move into the landscaping section of the Immediate Zone.

•    Clean roofs and gutters of dead leaves, debris and pine needles that could catch embers.

•    Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.

•    Reduce embers that could pass through vents in the eaves by installing 1/8” metal mesh screening.

•    Clean debris from exterior attic vents and install 1/8” metal mesh screening to reduce embers.

•    Repair or replace damaged or loose window screens and any broken windows. Screen or box-in areas below patios and decks with wire mesh to prevent debris and combustible materials from accumulating.

•    Move any flammable material away from wall exteriors – wooden pallets, mulch, flammable plants, leaves and needles, firewood piles – anything that can burn. Remove anything stored underneath decks or porches.

Intermediate Zone

  5-30’ from the furthest exterior point of the structure.  Landscaping/hardscaping – employing careful landscaping or creating breaks that can help influence and decrease fire behavior

•    Clear vegetation from under large stationary propane tanks.

•    Create fuel breaks with driveways, walkways/paths, patios, and decks.

•    Keep lawns and native grasses mowed to a height of 4”.

•    Remove ladder fuels (vegetation under trees) so a surface fire cannot reach the crowns. Prune trees up to 6-10’ from the ground; for shorter trees do not exceed 1/3 of the overall tree height.

•    Space trees to have a minimum of 18’ between crowns with the distance increasing with the percentage of slope.

•    Tree placement should be planned to ensure the mature canopy is no closer than 10’ to the edge of the structure.

•    Tree and shrubs in this zone should be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape.

Extended Zone

  30-100’, out to 200’. Landscaping – the goal here is not to eliminate fire but to interrupt fire’s path and keep flames smaller and on the ground.

•    Dispose of heavy accumulations of ground litter/debris.

•    Remove dead plant and tree material.

•    Remove small conifers growing between mature trees.

•    Remove vegetation adjacent to storage sheds or other outbuildings within this area.

•    Trees 30 to 60’ from the structure should have at least 12’ between canopy tops.

•    Trees 60 to 100’ from the structure should have at least 6’ between the canopy tops.

If an Evacuation Becomes evident

•    If possible, identify the location and direction of the fire event. Remain cognizant that this can quickly change direction and speed.

•    Clearly explain your evacuation procedures to all that may be involved.

•    Identify special medical needs and gather emergency equipment and necessities, including trauma supplies for ready access.

•    Designate enough vehicles to evacuate everyone safely. Reinforce safe driving practices with all drivers.

•    Equip staff with emergency communications equipment (cell phones, walkie-talkies, whistles, flares, colored smoke canisters, etc.). Ask your local jurisdiction authority for suggestions.

•    Load key equipment, vital records, food, and water.

•    Ask qualified associates to disconnect and move LP gas tanks to a safer location, such as a gravel lot, or follow the manufacturer’s instructions to empty the tanks.

•    Warn firefighters of underground fuel storage or LP gas tanks before you leave.

  Making your facility fire resistant can help reduce property loss. However, keep in mind that these steps should be done only by assigned staff in conjunction with an evacuation and never require or allow staff to remain behind. Close and secure all doors and windows once combustible materials have been moved away from these openings.

•    Wet down buildings and roofs. There are commercial grade fire retardant products available that can help support your efforts to protect your property. But do your research ahead of time; and don’t let the application of these products reduce the priority of evacuating.

•    Have qualified personnel cut down trees in the fire path, bulldoze a firebreak, and cut field grass as short as possible.

•    Remove brush and dry vegetation near buildings.

Fire Evacuation – What You Need to Know

  During wildfire season, you may be forced to evacuate in a hurry. People are your first priority; to include guests, staff and firefighters. Most fire evacuations provide at least a three-hour notice; but due to the scope of your operation, you may need to do it sooner. Take proactive steps before and during an evacuation to reduce anxiety and avoid injuries. Plan, prepare and practice.

Filing Claims

  In the event your area experiences a wildfire event, it is highly likely it will not only be monitored by your insurance agent, in addition to your insurance company. Pre-loss documentation, such as video recordings and pictures of buildings, business personal property inventories, should be up to date and included as part of your evacuation materials. Working with your agent is a great resource to understand what might be necessary to help with documentation, if you should need it.

Ref:

•    NFPA 1144 – Reducing Structure Ignition Hazards from Wildland Fires, 2018 Edition. National Fire Protection Association. Quincy, MA 02169, 2018

•    Fire Adaptive Communities. Fire Adapted Communities Learning Network. www.fireadaptednetwork.org

•    Wildfire Safety. www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html. © 2019 The American National Red Cross

  This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This document can’t be assumed to contain every acceptable safety and compliance procedures or that additional procedures might not be appropriate under the circumstances.  Markel does not guarantee that this information is or can be relied on for compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability.  This publication is not intended to be legal, underwriting, or any other type of professional advice.  Persons requiring advice should consult an independent adviser.  Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete.   Furthermore, Markel does not assume any liability to any person or organization for loss of damage caused by or resulting from any reliance placed on that content.

Litigation of Herbicide Drift Cases

a small helicopter in the sky

By: Brian D. Kaider, Esq

Chemical drift, the movement of herbicide/pesticide to unintended areas from the site of application, is a continuing problem in many farming areas, including vineyards.  In the Nov/Dec 2019 issue of The Grapevine Magazine, Judit Monis and I wrote an article (https://thegrapevinemagazine.net/2019/11/herbicide-drift-a-common-issue-affecting-vineyards-worldwide/) describing how herbicide drift affects vineyards and some of the legal causes of action that may be available to those who have suffered damage to their crops  

In the July/August issue, another article (https://thegrapevinemagazine.net/2020/06/liability-coverage-for-chemical-drift/) addressed insurance coverage for herbicide drift.  This article will focus on litigation of these cases, including the types of evidence needed to pursue or defend against the claims.  As with any legal issue, the details will vary from state to state and from case to case, depending upon the facts.  So, this article is not intended to convey legal advice, but rather to provide background information of the types of issues that may arise.

  To frame the discussion, we will discuss a hypothetical case in which Victoria is the owner of a vineyard who discovers damage to her vines, such as distorted leaves, defoliation of some vines, and damaged fruit.  She believes a neighboring farmer, Stephen, applied an herbicide to his soybean fields, which are adjacent to Victoria’s vineyard, that damaged her vines.  As a first step, Victoria should look to her own insurance policy to see if damage caused by third parties is covered.  If so, and if the policy covers the extend of the damage to her property, Victoria’s best option may be to simply file a claim with her insurance.  Assuming that not to be the case, Victoria may need to file a lawsuit.

  Before going to court, Victoria has to have a reasonable basis for alleging that Stephen is responsible for the damage to her vineyard.  So, when she speaks with her attorney, the litigation process begins with a “pre-suit” investigation.  Because the effects on her plants are likely to change over time, it is critical that Victoria start to document the damage as soon as she notices it.  She should take photographs and detailed notes about the condition of her vines, the location and extent of the damage on her property, as well as weather and environmental conditions, and she should update this information regularly.  If she has any knowledge or reason to believe that Stephen applied an herbicide to his soybean fields prior noticing the damage to her vines, she should document that information as thoroughly as possible. 

  Causation is always an issue in these cases.  Victoria will have to show that it was Stephen’s chemical application that caused the damage to her vines.  So, she should also attempt to collect data that would rule out any other cause of the damage.  For example, she should have thorough documentation of all chemicals that she has applied to her own property, she should note the location of farms other than Stephen’s in the area, whether she has seen them apply chemicals, and what the prevailing wind patterns are in her area.  She should also take samples from her vines to be sent for analysis to determine, if possible, to which herbicide(s) the vine has been exposed.

  Once the pre-suit investigation is complete and there is a reasonable basis to assert that Stephen caused the damage to her crop, Victoria’s attorney will prepare a Complaint and file it in the relevant court.  This begins the official litigation process. 

  When Stephen receives the complaint, he will have a certain amount of time to respond, typically with an Answer to the Complaint.  As his attorney begins to prepare the Answer, he will need to begin collecting information, as well, including documentation of the time, place, and manner of all chemicals he has applied to his land. 

  The vast majority of all lawsuits settle out-of-court rather than reaching trial.  While the parties may reach settlement at any time, there are three points at which it is most common.  The first is during the Complaint/Answer stage.  At this point, the parties have not expended a great deal of money on the litigation process and if it is very clear which party is in the wrong or if the damages are not substantial compared to the cost of litigating, it is often prudent to settle at this stage.  If the parties do not settle, the case will proceed to the “discovery” phase, and things get expensive very quickly.

  Discovery is the process by which the parties seek information from one another in order to evaluate the strength of the claims and defenses and to obtain evidence they will use at trial.  There are four main forms of discovery: document requests, interrogatories, requests for admission, and depositions.  Document requests, as the name suggests, is the process of asking the other party for documents or other tangible evidence.  Interrogatories are written questions that the other party has to answer in writing.  Requests for admission present a series of statements and require the other party to admit or deny the truth of those statements.  And depositions are a process where a person is placed under oath and asked questions to which they must respond on-the-spot.  There is typically a court reporter there taking a transcript of the questions and answers and they are often videotaped, as well.  All four of these processes take a tremendous amount of attorney time and are, therefore, very costly.  Discovery is often the most expensive part of a lawsuit.

  Whether the case involves negligence, strict liability, trespass, and/or nuisance, there are several issues that will almost certainly arise in discovery.  As the plaintiff, some of the materials that Victoria should request include:

•   documentation of the time, place, and manner of all chemical applications on Stephen’s land, including the type of chemical, who applied it, how it was applied, the quantity, and the environmental conditions at the time of application

•   copies of the labels and/or package inserts for the chemicals

•   information about crop buffer zones or setbacks on Stephen’s property and/or request permission to inspect the property to measure these areas 

•   a copy of any and all insurance policies that cover Stephen’s land

  In preparation of his defense, Stephen will not only want to seek information that undermines the case against him, but also evidence that supports his affirmative defenses and/or counterclaims.  He will want, for example:

•    documentation of all chemical applications on Victoria’s land

•    all information Victoria has on chemical applications by third parties not in the case

•    historical records about the health of Victoria’s vines and crop yields from prior years

•    detailed accounting of the number of allegedly affected vines and their condition

•    documentation of Victoria’s current and previous irrigation practices

•    documentation of insects or other pests on the land in current and prior years

•    any other information that could suggest that the damage to Victoria’s crops was caused by something other than Stephen’s chemical application

•    documentation of any and all tests Victoria has had conducted on her vines before or after the commencement of the litigation

  Discovery may also involve the services of experts.  Both sides may use experts to support or refute the theory that the damage to Victoria’s crops was caused by Stephen’s chemicals.  Each expert may submit a written report and is then likely to be deposed in order to try to undermine or discredit that report.

  The court will set a specific time period during which discovery must occur.  When that window closes, there is generally no more exchange of evidence between the parties.  This is the second point in which it is common to settle the case.  Each side is then in full possession of all of the evidence that may be presented.  Often it becomes clear from discovery that one side’s position has significant weaknesses and is likely to lose if the case goes to trial.  Since it will still require a significant investment of time and money to see the case to the end, it makes sense in that instance to reach settlement between the parties.

  If again the parties do not settle, they will begin to prepare for trial.  Typically, this involves a variety of written motions asking the court to rule on certain issues in the case.  There may be summary judgment motions requesting that the court rule in a party’s favor as a matter of law.  One or more parties may file evidentiary motions seeking to exclude certain information from the judge or jury’s consideration.  There are also many procedural issues for the court to decide, such as what instructions will be given to the jury, how much time each party will be allowed to present its case, etc.  Depending upon the outcome of these various issues, a third opportunity to settle the case often presents itself just before trial.  For example, if the court rules that a key piece of one party’s evidence is inadmissible, that party may be more inclined to throw in the towel.

  Of course, if the parties still do not settle, the case will then go to trial.  Litigation is not to be entered into lightly.  The costs for each party to take a case all the way to trial will almost certainly reach six figures and, for more complicated matters, could reach seven. 

  As always an ounce of prevention is worth a pound of cure.  If you are applying herbicides to your property, there are several precautions that can help keep you from affecting neighboring properties and exposing yourself to legal liability.  First, examine the surrounding properties to identify potentially vulnerable crops.  Some states even have listings of vulnerable crops that may help guide your choices.  Second, make sure you fully understand the chemicals you are applying and what crops may be adversely affected.  The University of Kentucky has a great resource website to cross reference herbicides, what weeds they affect, and which crops are vulnerable or resistant to the herbicide (https://www.uky.edu/Ag/Horticulture/masabni/xreflist.htm).  Third, when applying chemicals, be sure to follow the manufacturer’s instructions to the letter and document everything, including date, time, volume of chemical, manner of application, and environmental conditions.

  Brian Kaider is a principal of KaiderLaw, an intellectual property law firm with extensive experience in the craft beverage industry.  He has represented clients from the smallest of start-up breweries to Fortune 500 corporations in the navigation of regulatory requirements, drafting and negotiating contracts, prosecuting trademark and patent applications, and complex commercial litigation. 

For more information please email or call…bkaider@kaiderlaw.com

(240) 308-8032

A Review of Laboratory Methods for Grapevine Pathogen Detection and Diagnostics

By Judit Monis, Ph.D.

Presently there are many laboratories that provide testing services dedicated to the detection and diagnosis of plant pathogens.  It can be confusing to the grower, vineyard manager, and/or nursery staff to decide which laboratory to choose.  My recommendation is to work with a plant pathologist who can provide guidelines towards the best option.  At the time, there is no accreditation that is specific for grapevine diagnostic laboratories in USA.  Therefore, each laboratory is free to develop their own testing and sampling methodologies.    

My expertise in grapevine disease diagnostics and my past work on developing state-of-the-art testing laboratories puts me in a position to evaluate the different choices for my clients.  The short answer is that there is no “one lab that fits all”.  In my experience, it is best to choose a lab based on the knowledge and capabilities specific to the needs of the project.  Generally speaking, choosing the lab because it offers the best prices or quicker turn-around-times might be a huge mistake.

This article will describe the different methods used for grapevine pathogen diagnostics and discuss the advantages and pitfalls of each of them.  Ultimately, I will attempt to convince the reader that the standardization of the diagnostic methods used for the detection as well the development of an accreditation of testing laboratories should be a goal for the future.

Different testing Scenarios

In an ideal world, the nursery or grower is interested in learning that their propagation and planting material is free of important pathogens.  But unfortunately, the grower may suspect disease in the vineyard due to specific symptoms.  Or as you may have heard me say many times, diseased vines may not always be symptomatic.  A knowledgeable plant pathologist will be able to help on statistical sampling as well as what type of laboratory is best suited for each case.  Regardless of the purpose for testing, below I will describe the most common methods available for the detection of important bacterial, fungal, and viral infecting pathogens.

Microbiological Culture

pipet filling up the vials
Photo 1.  A stack of plates containing a number of different fungal species isolated from declining grapevines

Fungal and bacterial pathogens can be cultured and isolated in specialized media (see fig.1).  However, microorganisms may compete among each other.  Generally, the microbe(s) with the most competitive growth capacity will overshadow microbes that grow slower, making the diagnosis difficult or even impossible.  In some cases, the diagnosis will be biased and a laboratory may not be able to report the disease causal agent unless sophisticated molecular methods are used (for details see NGS/HTS section).  Generally, in the case of the diagnosis of a declining vine in the vineyard or nursery, the identification of the fungal family (i.e., Diatripaceae species are associated with cankers) or bacterial genus (Agrobacterium species causes crown gall) may be sufficient to decipher the cause of the problem.  Phytoplasmas (a special type of bacteria that lack cell walls) and viruses cannot be cultured and their identification must be carried out using molecular and serological methods.

ELISA, PCR, RT-PCR, qPCR

The Coronavirus pandemic has made some of the terminology that I use in my articles much easier to explain.  The general media talks about antibody tests (ELISA is one) and PCR (this is a molecular test).   ELISA is the abbreviation for “enzyme-linked immuno-sorbent assay, and consists of sticking the virus coat protein on a plastic test plate that was coated with specific antibodies (Fig.2 Shows the loading of an ELISA plate in the laboratory).  A positive reaction is seen when there is a change of color in the wells of the test plate (colorimetric enzymatic reaction). ELISA detection is limited to the amount of virus present in the sample. PCR, is the abbreviation for polymerase chain reaction.  The technique allows the multiplication of viral nucleic acid from the initial titer (concentration) of pathogen present in the vine. The process is specific, and utilizes copies of small portions of the pathogen’s genome (called primers) to start the copying process. The amplification is repeated many times, with each copy making more copies, so after the completion of an appropriate number of PCR cycles, more than a billion copies of the nucleic acid is produced. For RNA viruses the detection is done using RT-PCR (RT stands for reverse transcription, a molecular way of converting RNA into DNA).  PCR and RT-PCR are sensitive techniques used for the detection of grapevine pathogens.  Quantitative or Real Time PCR is a modification of PCR that can provide the relative quantitation of the pathogen present in a sample (abbreviated as qPCR).

agar plates in flat surface
Photo 2. The loading of an ELISA plate to determine infection status of plant material at the Bioreba AG Laboratory in Switzerland

The sensitivity and specificity of the detection of pathogens can be influenced by the season as well as the part of the vine from which samples are collected. While ELISA is generally thought to be less sensitive than RT-PCR, ELISA has a broader spectrum of detection and can detect a range of virus variants. On the other hand, PCR is very specific, this can be an advantage but also a disadvantage.  If the detection is too specific, it could miss the detection of isolates of the same virus even when small changes (mutations) are present.  This is even more true when TaqMan, a type of qPCR that in addition to specific primers uses a specific probe is applied for the detection of viruses in grapevine samples.   This is why running both ELISA and PCR consecutively is recommended for the reliable detection of grapevine viruses, as each method is designed to detect different portions of a virus.   Since Grapevine red blotch virus is a DNA virus, and no ELISA has been developed as of yet, I recommend that PCR is performed to amplify at least two different portions of the viral genome.

Single Use Strips for “in house” detection

A molecular single use strip test has been developed for the detection of Grapevine red botch virus (GRBV) that claims it can be used for in-field testing.  However, for reliable results, the assays should be conducted by experienced technicians in a clean laboratory.  If a lay person were to attempt to run this type of assay, the instructions must be carefully followed.  The protocol includes many steps that are complicated and require measuring small quantities of reagents (microliters of components).   In my opinion, it is worthwhile to have an experienced laboratory run these tests.  Laboratory personnel are used to running different protocols and are trained to keep the sample and other materials free of contamination.  In the past, a kit was available for the “in house” detection of Grapevine leafroll associated -3 (GLRaV-3).  However, many different leafroll viruses can cause leafroll disease and obtaining a negative result for GLRaV-3 would have given the false impression that the vineyard block or sample in question was not infected.

Next Generation or High Throughput Sequencing

The next generation sequencing (NGS) also known as high throughput sequencing (HTS) is a powerful method that allows the laboratory to detect any organism present in a sample.

Lab Scientist examining soil sample extracts
Photo 3.  Soil sample extracts being prepared at BiomeMakers Laboratory in Sacramento, CA

When NGS or HTS is applied, the complete sequence of the genetic material or microbiome present in the tested plant material or soil can be obtained.  Generally, during the sample preparation, the pathogens specific sequences are enriched to increase the sensitivity of the assay (for example the lab may just amplify fungal sequences).  The data obtained is analyzed with sophisticated software that is able to list the bacteria, fungi, virus, or other organisms (beneficial or pathogenic) present in the sample.  The method can provide relative quantitative data, generally expressed in percentages, of each organism found.   The NGS has been widely used in research and has allowed the discovery and characterization of important viruses such as Grapevine red blotch virus. Presently, this technique is being applied commercially to test plant and soil samples for the detection of bacterial and fungal microorganisms.  It is recommended that a plant pathologist with expertise in bacterial, fungal, and/or viral taxonomy be available to associate the presence of the microorganisms found with disease symptoms (or potential disease development).


Need for Accreditation of Laboratories

As mentioned earlier, at the moment, there is no accreditation system for laboratories performing grapevine diagnostic testing.  The closer we have gotten to these efforts is a ring (comparative) test run by the Lodi Wine Grape Commission.  A ring test consists in providing laboratories with “blind” samples of known infection status to determine if the laboratory’s in-house procedures are able to detect the correct infection status in each sample. In the past, while affiliated to various laboratories I was a participant of such ring tests.

In the fall of 2018, the Lodi Wine Commission ran a ring test to evaluate the different labs that offer testing for the diagnostics of grapevine viruses.   The laboratories received a large number of homogenized samples that were infected with various grapevine viruses.  The results of each laboratory were shared privately with the participant laboratories.  To the best of my knowledge no accreditation was granted.  While it is a great first step to carry out a ring test with the laboratories, future tests could be improved by providing the laboratory with portions of grapevines rather than a homogenized powder.  While it is understanding that homogenized samples may avoid the possibility of uneven distribution of viruses in the grapevine material, the capacity of the laboratory to process whole samples is important.  The integrity of the samples would determine if the laboratory is proficient on processing each sample without cross contamination or degrading the potential viruses present.

Conclusions

The standardization of the diagnostic methods for the detection of grapevine pathogens should be a goal for the viticulture industry in the near future.  The accreditation of laboratories is of upmost importance for evaluating the reliability of testing labs.  Standardization of sampling and testing is common in other fields of food and plant biotechnology.  It is puzzling that the grapevine industry has not adopted a system given the importance of this perennial crop.  My philosophy is that a vineyard must be planted with the healthiest available material as vineyards must live a long healthy life.  If a vineyard is planted with diseased material, its life expectancy is reduced (not to mention the possibility of perpetration and spread of pathogens in the vineyard and neighboring vineyards).

It is encouraging to know that new and more sensitive pathogen detection methods are being developed and applied for the diagnostic of grapevine pathogens.   The next generation sequencing or HTS is becoming more affordable and available for the detection at the species level of microorganisms in plants and soil.  It is expected that in the near future, these methods will be applied at the nursery and on new planting material to help develop healthy vineyards.

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 their vineyard blocks.   Judit (based in California) is fluent in Spanish and is available to consult in all wine grape growing regions of the word.  During the Coronavirus pandemic, you can also schedule virtual vineyard consultations.  Please visit juditmonis.com for information or contact juditmonis@yahoo.com to request a consulting session.

Highlighting the Women of Washington State Wine

woman interacting with a wine enthusiast

By: Becky Garrison

A media luncheon of Washington winemakers hosted by the Washington State Wine Commis-sion during Feast Portland 2019 featured presentations by Rachael Horn of AniChe Cellars, Mari Womack of Damsel Cellars and Kent Waliser from Sagemoor Vineyards. This luncheon afford-ed a glimpse into the bounty of Washington State’s vineyards and highlighted the contributions of the state’s women winemakers.

  According to the Washington State Wine Commission, women constitute about 8% of total winemakers operating in Washington state. Given that women account for 57% of wine volume consumed in the U.S. (Nielsen Spectra 2015), why does this industry remain male-dominated? In an attempt to shed light on this question, Horn and Womack, along with a few other Washington state-based women winemakers, offered their perspectives regarding making inroads in the in-dustry.

Mari Womack, Damsel Cellars (Woodinville, WA.)

  When Mari Womack transitioned from the restaurant to the wine industry, she saw herself as a blank slate. “I didn’t feel there were any barriers for me coming into the wine industry, other than my lack of experience and knowledge about the subject.”

  After a stint working as assistant winemaker to Darby English at Woodinville, Washington’s Darby Winery, as well as managing its tasting room, Womack set off in 2012 to make her own wine. She chose to focus on Cabernet Sauvignon and Syrah. “As there isn’t a predominant varie-tal in Washington State, there’s ample room for people to experiment and implement their own style of winemaking,” Womack said.

  In Woodinville, she’s encountered a number of male allies looking for diverse perspectives, with a push towards supporting women and minority-owned businesses. Along those lines, more women appear to be designing tours specifically geared towards helping women winemakers. With more women’s voices impacting and telling the story of wine from different and original perspectives, she sees the industry becoming more diverse.

  To bring about long-lasting transformative change, Womack stresses promoting diversity in her hiring practices. “You have to see it to be it.”

  She believes female winemakers must do what they can to promote the visibility of their busi-nesses and make sure their own hiring practices are inclusive and expansive. “We just don’t see enough of it. I recommend searching for qualified candidates via different avenues and programs, as well as mentoring other women,” she said.

  Even though hers is a boutique winery, though events like Taste Washington, Womack can con-nect on a large scale with vendors and consumers beyond her immediate vicinity. Also, by par-ticipating in Feast Portland, a food festival that highlights the bounty of the Pacific Northwest food and beverage culture, she became aware of the expansive nature of the Portland food scene and was able to get her wine introduced to several restauranteurs. 

  When tasting rooms shut down due to Covid-19, Womack observed how women winemakers could utilize digital media to partner with women’s groups and produce virtual wine tastings with a women-centric focus. “I don’t think we considered that customers don’t have to come to our tasting room and physically meet us in order to have a very meaningful experience. They can order our wine in advance, taste it in a virtual setting, and then become a really loyal follower at that point,” Womack said in an interview with The Grapevine Magazine

Rachael Horn, AniChe Cellars (Underwood, Washington)

  When Rachel Horn tried her hand at fermentation in 2008, her focus was on making wines that would pair well with the foods grown in the Columbia Gorge and surrounding environs. The re-sults were reflective of her favorite European wines–blended wines with a regional focus.

  Hence, she entered this industry with no concept of any gender bias. She attributes this attitude to her upbringing and the competent, intelligent women in her social group capable of making their dreams happen. “I was like, ‘I’m going to make wine because that’s what I want to do.’”

  As the only winemaker in the Columbia Gorge at this time, Horn found she lacked access to mentors and support from the all-male winemakers in the region. Also, many growers, all men, had no interest in selling fruit to her. In her estimation, they treated her as though she was engaging in a cute little hobby. “After I was called ‘sweetie’ a few times, that lit a quickfire under my ass. I was like, ‘Okay, I’ll show you.’”

  Eventually, she found a vineyard that would sell her fruit. This vineyard was owned by an Amer-ican who had worked for two decades in France and was more accustomed to working with women in the wine industry. However, she still faced difficulties in purchasing equipment. Even though Horn visited vendor booths at trade shows with fellow women winemakers with the in-tention of spending $100,000 on equipment, they were ignored as the vendors focused on the males entering their booths.

  Furthermore, she found that her wines received a lower rating whenever she presented them for a tasting under her name. If she entered her wines in a blind tasting, her scores would go up by about seven points. This discrepancy proved her point that wine is gender-neutral. “Wine doesn’t care if you’re a female or male making it.”

  This lack of support also drove Horn to mentor other women looking to enter the industry. She found herself to be a person who asks questions such as, “So, we formed this new committee. How many women, people of color and queer people who represent our industry are on this committee?” In this quest, she does not seek preferential treatment for her wines because she is a female winemaker, but to have a fair shot selling her wines at the same price point as male winemakers producing similar wines.

  For those looking for more diversity at their wineries, Horn recommends identifying their demo-graphic and designing marketing materials to attract these consumers. “It’s kind of the Field of Dreams thing that ‘if you build it, they will come.’”

  Also, Horn said events like Taste Washington enabled her to truly understand consumers’ inter-ests. “When I went to Taste and stared creating relationships with people, these barriers didn’t melt away, but they were certainly lowered.”

Making Connections Regionally and Nationally

  Kerry Shiels, winemaker, Côte Bonneville in Sunnyside, Washington, felt fortunate to grow up with a mother who decided to start her winery along with many of the pioneering people in the Yakima Valley, such as Sara Spayd, Kay Simon and Marie Eve Gilla. “When my mom decided to start our winery, quality, consistency and continuous improvement were important attributes, and remain so to this day.” These women winemakers and viticulturists motivated her to get her graduate degree in Viticulture and Enology from the University of California Davis and work around the world before returning home.

  Jody Elsom, winemaker and owner of Elsom Cellars in Seattle, benefited from making connec-tions with local women winemakers. In particular, her interests lie in the rise of women getting their hands dirty by hanging out in the vineyard and the cellar. She recalled that when she started in the industry, she would show up to vineyards in her minivan to purchase fruit with a newborn baby and pregnant with another one. The vineyard manager would come up to her van and knock on her window, suggesting that perhaps she took a wrong turn. “It was an interesting experience for me being in that situation. I was a single mom and had to take my kids with me,” Elsom said.

  She found support with the Sisters of the Vinifera Revolution, a group of women based in western Washington who serve as a resource for female winemakers trying to break into what she describes as the “good ole boys club.” “The camaraderie has really grown, and it’s like we’ve cre-ated our own little support network–bouncing these stupid questions off of one another without feeling stupid.” 

  Elsom also benefited from bringing together female business owners from other industries and exposing them to SOVR’s wine and what they’re doing. “We all can see we have similar chal-lenges regardless of our particular industry.”

  Like Elsom, Anna Schafer, winemaker at àMaurice Vineyard in Walla Walla, Washington, found it challenging to make wine while young and pregnant, and then after having a newborn. Since her father and other male growers supported her, Schafer did not perceive her role as a winemak-er as unique. She credits her fellow winemakers in the Walla Walla Wine Alliance as wanting her to succeed, being supportive and willing to help. “If you’re there to listen, people are there to help you,” Schafer said.

  Holly Turner, winemaker at Three Rivers Winery, also found support among her fellow winemakers in the Walla Walla AVA. She, too, acknowledged the challenges still inherent in the in-dustry. “I’m pretty sure most women in the wine industry have a bit of feisty grit that has gotten them to where they are today.”

Resources for Women Winemakers

Bâtonnage Community

Winewomen.net

Womenofthevine.com

Preparing for a Successful Harvest

By Dana Hinders

Most vineyards in North America and Europe will harvest grapes in August, September, and October. Typically, sparkling wine grapes are harvested first to ensure lower sugar levels, followed by the white wine grapes. Red wine grapes take a bit longer to reach full maturation, so they’re harvested later in the season. Finally, the grapes for ice wines make their way to crush, as it’s desirable they dehydrate on the vine to create a raisin-like grape with highly concentrated sugars.

  In most cases, a vineyard manager will check the grapes every day during the week or two before the scheduled harvest date because each part of the vineyard must be harvested at precisely the right moment. Matthew Clark, Assistant Professor of Grape Breeding and Enology at the University of Minnesota, says that understanding basic juice chemistry isn’t as difficult as it sounds. “The question is ‘Do I have enough sugar to make my wine product?’ Higher sugar grapes provide you with higher alcohol content in your wine. If there’s not enough sugar in your grapes, you can’t make wine without adding additional sugar. The best way to test sugar levels is with a handheld refractometer, either analog or digital. Each variety has a known point at which sugar levels won’t increase.”

  It’s usually preferable to harvest when temperatures are coolest. The cooler temperatures during the evening hours make grapes firmer and easier to de-stem, as well as creating better working conditions for those in the field. And, by harvesting at night, your grapes will already be closer to the temperature needed during the cold soaking process. “In order to reduce high fruit temperatures during harvest, which accelerates deterioration and demands more energy to cool fruit down further, harvest should be carried out early in the morning when temperatures are cooler or at night if a grower has sufficient lighting,” according to Elizabeth Wahle of the University of Illinois Extension Office. “Morning harvested grapes should be kept shaded until moved to a cooling unit.”

Choosing a Harvest Method

  Traditionally, all vineyards were harvested by hand. Hand harvesting gives you more control over the process and has the advantage of doing a better job of protecting the grape’s juice content from the oxidation caused by damaged skins. Mosbah Kushad, Postharvest Horticulturist at the University of Illinois, recommends hand harvesting if possible. “The biggest concern is fruit injury,” he said. “Damaged fruits enhance the rate of fungal and bacterial growth due to the seepage of their sugars. Damaged fruits also attract insects that could affect the quality of the finished product. For a small grower, hand harvesting is the way to go.”

  The main disadvantage of hand harvesting is the amount of labor required. If you can’t recruit temporary laborers or volunteers from the community, you may need to advertise on a site such as WineBusiness.com. However, Clark stresses that your labor force has to be flexible. “The biggest mistake I see smaller growers making is picking when labor’s available,” he said. “If you arbitrarily schedule harvest for Saturday and the grapes aren’t ready until the following Wednesday, you won’t happy with the results. Garbage in, garbage out is a computer science mantra with relevance to winemaking. For quality wine, you need quality fruit.”

  When hand harvesting, you’ll need to make sure your buckets are cleaned and sanitized before the big day. Sharpen your picking slips and lubricate them with a bit of olive oil. Provide cotton picking gloves for all your workers to protect against small cuts as well as the risk of bee stings.

  Mechanical harvesting is efficient and cost-effective. “Labor availability and quality is a big factor in choosing mechanical harvesting,” says Eric T. Stafne, an Associate Extension/Research Professor at Mississippi State University. “Economics is another. There is a certain economy of scale that makes it worthwhile to have harvest equipment. The market for the fruit may also dictate which method is used.”

  The mechanical harvest method works best for large vineyards that lay on a flat patch of ground, where the rows have been laid out straight, and the posts are of uniform height.  Additionally, harvesters shouldn’t be operated near ditches, embankments, holes, steep slopes, or within 15 feet of electrical wires.  Even for vineyards prepared with mechanical harvesting in mind, it’s always a good idea to do a pre-harvest survey for low hanging limbs, wires, or any obstacle that could obstruct the path of the harvester.

Post-Harvest Essentials

  As a winemaker, you want to avoid “reinventing the wheel” with each vintage you produce. This is why it’s crucial that you keep accurate records throughout the harvest process. Don’t expect to rely on your memory to recall the exact brix and pH you want or your average crop load per vine. Jot down relevant details on a notebook in your pocket or use a voice recording app on your smartphone. When the harvest is over, transfer everything to a spreadsheet so you’re ready for the following year.

  “At a minimum, records should be maintained to monitor vine balance: dormant pruning weights and yields are used to calculate crop load (Ravaz index),” Wahle said. “Over the years, this helps determine the impact of management and fruit quality. Yield can be estimated by keeping track of the number of vines per block, the average number of clusters per vine, and average cluster weights annually at harvest.”

  You’ll also need to tend to your field after your grapes have been picked. “Don’t forget the vines after harvest,” Stafne said. “They may need fungicide and insecticide applications to retain leaves, irrigation during dry periods, etc. to reduce vine stress and promote good health going into fall and winter. This will reduce chance for winter injury and encourage bud fruitfulness in the following year.”

  Vines should be pruned in winter when they are fully dormant. Without the leaves in the way, it’s easier to see the structure of the plant. When pruning, promptly remove and dispose of any diseased wood with lesions or sap, grapes that didn’t ripen, mold, and discolored leaves. Sterilize your pruning equipment by dipping the cutting blades in a solution of isopropyl alcohol after you’ve finished with each vine.

Harvest Time at Adelaida

  Located just 14 miles from the Pacific Ocean, Adelaida’s family-owned vineyards are in the mountainous terrain of Paso Robles’ Adelaida District. “We are one of the oldest wineries in Paso Robles, established in 1981,” explained Glen Mitton, winery and vineyard ambassador. “Our estate vineyards are planted between 1,650 ft. and 1,980 ft. We own the oldest continually producing Pinot Noir Vineyard in the Central Coast, planted in 1964. Our soil is a diverse combination of limestone, chalk, and clay with amazing water retention properties to enable us to dry farm 30% of our vineyards and also 100% of our 700 plus acres of walnuts.”

  The vineyards are farmed with Earth-friendly practices, which earned Adelaida the honor of being named a Certified California Sustainable Winegrowing Winery & Vineyard (CCSW) in 2015. “We pick our grapes based on flavors and condition of plant, as our winemaker is in the vineyard daily,” remarked Mitton. “We hand harvest all of our 157 acres of estate vineyards at night usually starting at midnight. Grapes are placed and transported from vineyard to winery in 20 lb. trays. While each year is different, we find our estate vineyard is a four to six weeks harvest process.”

Harvest Time at Laurita Winery

  Central New Jersey’s Laurita Winery is committed to creating wines that derive as much character from the fruit as possible. They pride themselves on being responsible stewards of the land, with 43 fully cultivated acres of vineyards and 200 acres of woodlands, meadows, and pasture. “We hand pick based on what varieties are ripe at the time,” noted Nicolaas Opdam, Oenologist/Vineyard Manager. “The process is monitored carefully. We take samples for two to three weeks to monitor sugar levels and pH. Since each grape variety ripens at its own pace, we usually have a few days between harvest sessions. This makes us fortunate to have a little flexibility in scheduling our labor force.”

  Laurita Winery employs staff members, their families or friends, and seasonal labor to pick the grapes. The pickers are taught to pay close attention to the vines, only picking the highest quality grapes. A second sorting occurs after picking to make sure damaged grapes or foreign material is removed. Opdam commented, “We’re an old school winemaker.  We watch the weather forecast and the condition of the vines carefully, but there’s a family feel to the whole harvest process.”

Harvest Time at Garvin Heights Vineyards

  In Winona, Minnesota, Garvin Heights Vineyards specializes in the growing of cold climate grapes developed by the University of Minnesota and Elmer Swenson. Made by cross breeding native American varieties with those from Europe, their grapes can withstand Minnesota’s colder temperatures while producing wine similar to what you might find in more traditional growing areas.

  According to co-owner Linda Seppanen, deciding when to harvest involves several factors. “Our primary chemistry considerations are the brix (sugar level) plus the acid level for the style of wine that we are intending to make,” she shared. “Along with this is when we can get a picking crew, what the weather will be, if we are having a lot of bird pressure even through the netting, and when the Asian Lady Beetles numbers are getting bad.”

  To find supplemental labor for their hand picking, Garvin Heights Vineyards enlists the help of local students. They also work with clubs that want to earn money for extracurricular activities, thereby streamlining the harvest process while also helping to support the community.

The Unexpected is Growing in Niagara

grape leave crops

By: Alyssa Andres

As a cool climate wine region, the Niagara Peninsula in Ontario, Canada, is traditionally known for planting specific grape varietals that thrive in a colder climate. The region is known for its delicate Riesling and Cabernet Franc with a distinct note of green pepper. Chardonnay and Pinot Noir are planted widely across the Peninsula and flourish. This is unsurprising since Niagara is situated at the same 43-degree latitude as Burgundy, France. However, that is not all that is being planted in Niagara. Within the region, winemakers and grape growers are experimenting with the unexpected, taking on grape varietals that have never before been grown in Canada.

  It’s true; Niagara is technically a cool climate wine region, but the weather varies dramatically from year-to-year,  just as in Bordeaux. In certain years, temperatures start rising as early as April or May, and early bud bursts allow for an extremely long ripening season. Other years the region can be devastated by frost shortly after temperatures start to rise, and winemakers are at risk of losing entire crops. Summers are warm and even Mediterranean, with days reaching over 100 degrees Fahrenheit. Long, sunny periods leading into the winter let even late-ripening grapes become quite juicy in the warmest of vintages and allow winemakers to create single-varietal expressions of grapes typically known to be hot climate varietals.

  J-L (Jean-Laurent) Groux of Stratus Vineyards is one winemaker that began experimenting with warm climate varietals as soon as he started his vineyard in Niagara-on-the-Lake in 2006. Known for his mastery of the Old World Art of assemblage, when Groux planted his first vines, he included half an acre each of Sangiovese, Tempranillo, Tannat and Mourvedre. He wanted to experiment with what was possible in Ontario, and use this unique combination of grapes to create his Stratus Red blend, an annual release that Groux deems the perfect combination of aromatics, mouthfeel, length and complexity.

  Of the four unexpected varietals, the only one that did not survive the Canadian climate was Mourvedre. Even after being left on the vine until December 21st, the berries were still not ripe enough. However, the other three grapes were successful, including Tannat, which is known to be extremely late-ripening. Traditionally grown in the South of France and now the national grape of Uruguay, Tannat requires excessive heat and sun to avoid being overly acidic and astringent. This means that in Ontario, a lot of maintenance is needed in the vineyard to achieve success with Tannat, and, as a result, it is an expensive varietal to produce.

  All of the leaf removal, pruning, crop thinning and picking of the Tannat is done by hand with the goal of creating the best expression of the grape as possible. Unlike in hot climate wine regions, there is no risk of sunburn for the grapes in Ontario. Pruning must be done early; most of the leaves are removed from the vines in the spring to allow grape clusters complete exposure to the sun. After leaf removal, the crops must undergo a complete adjustment, with the majority of the fruit getting dropped to the ground, reducing yields from approximately six tons an acre down to just two. Yield reduction encourages more quality grapes that are at less risk of being underripe. Frost eliminates most of the leaves by late October or November, but the winter can still see lots of sunshine during the daytime and can lengthen the harvest substantially. The grapes are left on the vine to ripen for as long as possible; most years, Tannat will not be harvested until the second week of November.

  Groux typically uses the Tannat in his Stratus Red Blend to add acidity, tannin and alcohol. If the Tannat is needed for the blend, 100% of harvested grapes will go into it. In some years, however, Groux has been able to produce a single varietal expression of the grape. In 2017, an early budburst and a late harvest meant an amazing yield for Tannat, and Stratus was able to release a 2017 single varietal expression. 2018 brought heavy rainfall during harvest, and, as a result, was a bad vintage for Tannat. However, Stratus managed to produce a 2018 single varietal Petit Verdot that was just bottled this past July. It won’t be until May 2021 that Stratus winemakers decide if the 2019 Tannat grapes will be used in a blend or on their own. This year looks promising for the hot climate grape, with lots of heat and sunshine sweeping across the Niagara-on-the-Lake region so far this summer.

  This year’s weather is also helpful at Ridgepoint Wines in Vineland on the Niagara Escarpment, where winemaker Mauro Scarsellone has been growing Nebbiolo since 1999. The warm weather is a relief for Scarsellone after experiencing harsh winters in Ontario the past couple of years. Cold weather is the biggest issue for Nebbiolo grapes, which need to spend more time on the vine to ripen fully. While the vines can survive the cold, it is challenging to produce a reliable Nebbiolo every year in the Niagara region. To achieve a quality product requires a lot of thought in the vineyard. The yield of the vines will have a significant impact on the wine, so Scarsellone will thin clusters to as few as one or two per shoot. During veraison, if he sees clusters that have not significantly started to ripen, he will drop the fruit to the ground, reducing the yield to as little as one and a half tons per acre. 

  In the hottest years, Ridgepoint can produce single-varietal Nebbiolo that is reminiscent of a Barolo. In cooler vintages, the Nebbiolo starts to resemble a Barbaresco, a softer expression with more elegant, floral notes. The winery is currently offering its 2010 Nebbiolo in the tasting room, a big and bold wine with smooth tannins and a lengthy finish. However, this is not their only unexpected offering.

   Ridgepoint is also offering a sparkling wine made from what could be the only Glera growing in North America. Glera is a Northern Italian grape that is the dominant grape used in Prosecco. By definition, Prosecco must be made using 85% or more Glera and made in the Charmat method. Scarsellone wanted to make his own version of Prosecco from Ontario but could not find Glera vines growing anywhere within the region. He started asking around in British Columbia and even California to no avail. After an intense search, he discovered a grape grower in Stoney Creek, Ontario, whose father was born in Friuli, Italy, and had brought Glera vines over to Canada 20 years prior. Scarsellone bought all the grapes the farmer produced in 2019 to use in his version of Prosecco. The resulting sparkling wine is bright and fruity with notes of mandarin orange, ripe peach and even tropical notes of guava and passionfruit. While technically the wine cannot be bottled under the classification of Prosecco because of labeling laws surrounding the term, it’s an exciting first for the Niagara Peninsula and Ridgepoint Wines. Equally as exciting, 2020 is the first year the winery will grow Glera on-site.

  Scarsellone plans to continue experimenting with classic Italian grapes in his vineyard. He is growing Rondinella and Corvina for use in an authentic style Appassimento, but he says he has to be careful. He currently uses approximately 25% of the vineyard for “sensitive” varieties that run the risk of not making it through to harvest. It’s a balance between an art and a business for him, and each year brings new challenges. This year, he says, he almost put up a “for sale” sign after temperatures dropped and snow hit in mid-May, forcing him to use wind machines to keep frost off the newly budding vines. However, he managed to pull through and is cautiously optimistic about the 2020 vintage. With lots of sunshine, heat and a lack of moisture so far this summer, the berries should be ripe and concentrated as long as there isn’t too much rain throughout harvest. September and October can be tumultuous months for the wine region and can make or break a vintage. 

  Grape growers and winemakers in the Niagara Peninsula can only hold their breath and wait to see what kind of weather the rest of 2020 will bring. Temperatures might rise or fall, and winemakers will have to react accordingly to ensure the quality of their crops. By planting a diverse variety of grapes that thrive well under different circumstances, winemakers can ensure they have a successful harvest each year. From Tannat and Nebbiolo to Corvina, Malbec, Aglianico and Old Vine Foch, it is all growing in Ontario. As this New World wine region continues to grow and blossom, it is becoming more apparent that Niagara is capable of more than just ice wine—it is becoming a world-class wine region for the unexpected.