Category: Vineyard Info

Priming Your Irrigation Systems for the Season (Part 2)

Cyndi

By: Tracey L. Kelley

In the May-June issue of The Grapevine Magazine, a savvy group of experts provided detailed information about irrigation system maintenance. That article outlined seasonal start-up and troubleshooting tips. For part two of this topic, we’ll move on to ongoing system checks, typical problems often overlooked, monitoring water flow and quality and critter control.

Once again, our experts are:

  • Guy Fipps, Ph.D., P.E., professor and extension specialist of irrigation and water management at Texas A&M University, College Station, Texas; in collaboration with Charles Swanson, extension program specialist, Texas A&M University.
  • Jacob Hernandez, CCA, owner, JH Ag Consulting, Santa Margarita, California; in collaboration with James Anshutz, AGH20, irrigation engineer with Netafim USA in Fresno, California; and the Cal Poly SLO Irrigation Training and Resource Center, San Luis Obispo, California.
  • Mark Hewitt, district sales manager, Rain Bird Corporation Ag Products Division, in Azusa, California.
  • Steve Purvins, owner, The Vineyard at Lawton Hall in Bushwood, Maryland, which produces Vidal Blanc and Chambourcin grapes.

Checks and Balances

Continual process management is the key to a fine-tuned irrigation system. During the rush of season preparation, however, some aspects might inadvertently go by the wayside.

Hewitt pointed out numerous required fixes this time of year. For example, field zone valves might have broken or damaged wires because of animals, or as a result of “tractor blight”—nicks and punctures caused by machinery, which happens to vines, too.

“There might also be stuck plungers in the solenoids,” he said. “Pull coils and plungers. If the coils are swollen, replace them. Use emery cloth on plungers if they’re only slightly rusted.”

If you’ve noticed a torn or deformed diaphragm, Hewitt said, sometimes simply turning it around works, depending on the valve type, or replacing it. “Same with any springs located in the bonnet of a valve. Springs and diaphragms wear out or develop a new ‘memory,’ especially pressure-reducing valves that are always partially open throughout irrigation season,” he said.

For growers with low-volume micro sprinklers, which are similar to drip emitters, Hewitt advised clearing nozzles of debris and “checking that any fixed spray plates or rotating spinners are providing the correct patterns, distance of throw, and uniform coverage.” LFS and LFX high-performance sprinklers often don’t require much maintenance, he said, but it’s still important to check periodically for proper rotation, nozzle clogs and “insects building in deflectors.”

Hernandez offered a reminder about flushing mainlines, submains and laterals. “This isn’t done enough by growers. Most growers flush once or twice a year—either at the beginning or end of the season,” he said. “In-season flushing should be done after fertigation events with thick materials. Flushing velocities should be greater than two fps. Have your irrigation professional develop a proper flushing routine.”

What is lurking in your system? “The moist, dark interiors of drip hoses and emission devices can be ideal environments for biological slimes and chemical precipitates to form,” Hernandez said. “Various chemical solutions exist to shock and treat these issues. Irrigation professionals should test water quality throughout the season and provide treatment plans to rehabilitate dirty lines and emitters and implement continuous treatment to maintain the lines after cleaning up.”

Fipps added that if growers don’t already have flow meters and pressure gauges, now’s the time to install them.

“Monitoring system pressure and flow rate are crucial for managing operation and scheduling. Unfortunately, many vineyard drip systems lack either a flow meter or pressure gauge—or both—on their system,” Fipps said. “Observing situations of increased flow or decreased pressure can often be signs of leaks in the system, whereas situations of decreased flow and increased pressure can be signs of clogging of the drip emitters.”

Pay Attention to Pumps

“Attention to pump controls should always be given,” Fipps told The Grapevine Magazine. “Pump controls should be in manufacturer-recommended housings that prevent moisture accumulation, or pests like ants and wasps from building nests in or above the components.” He added that “if injection pumps are used for fertilizers or chemicals, hoses should be inspected and replaced if there are any signs of cracking or dry rotting to prevent chemical spills and waste.”

Hewitt said you might have to check impellers if pressure is lower than before, indicating they might need replacing. Packing leaks might mean replacement, but also a need to refill oil cups and install mechanical seals.

Also, Hernandez suggested adding a variable frequency drive (VFD). “Adding a VFD to your pumping station allows for a soft start of pumping motors, reducing wear and tear. If growers have multiple irrigation methods, various plant and row spacings, different size irrigation sets or sets on slopes, VFDs allow for one pump to operate on a number of different pressure and flow settings. This permits a grower only to use the amount of energy they need for the particular set they’re irrigating,” he said.

Managing Water Effectively

Fipps said one aspect often overlooked by growers is monitoring water quality. “Annual analysis of water quality, whether it’s from groundwater or surface water, should be conducted to check salinity and mineral composition, which can affect both the irrigation system as well as plant health,” he said. “Knowing the water quality helps guide growers on how much water to apply at irrigation, as well as prevent any negative reactions from injecting chemicals or fertilizers into the system.”

He also strongly recommends soil moisture sensors—a technological tool that works to your advantage. Soil moisture sensors might initially seem expensive, averaging $300-$500 per unit, plus the cost of telemetry devices for data transmission across the vineyard, but, Fipps said, “they take the guesswork out of deciding when it’s time to irrigate.” If you can’t afford to populate the vineyard with multiple sensors, some experts recommend having one or two in an irrigation block representative of the overall field profile.

Hernandez also recommends expert analysis. His consultancy tries to bridge the gap.

“Certified crop advisors and other irrigation professionals can help vineyard managers maintain and service their irrigation systems with analysis, implementation and ongoing monitoring to aid in the reduction of energy use; and improving crop performance through better distribution uniformity (DU).”

As a method of irrigation application efficiency, Hernandez offered two tips.

The first is setting up proper scheduling for both duration and amount of water to replace soil moisture used by the vines. “Improper scheduling can result in runoff, deep percolation, crop stress and even crop damage,” he said.

His second tip is to “use monitoring technologies to give virtual pump test and DU evaluation data every 15 minutes. These sensors give insight into the impact of changes in practice and hardware,” Hernandez said. “For example, if a DU evaluation finds extensive plugging, we’ll want to rehabilitate the lines with chemical treatment and flushing. Pressure sensors installed at strategic locations in the field can tell us almost immediately if we’ve improved the pressure in the drip hoses and provide a ‘heads-up’ during the irrigation season that we’re beginning to have a problem that can be addressed before it becomes serious.”

Purvins suggested growers ease inadequate volume issues with proper emitter spacing. “During extreme drought conditions, my system doesn’t supply enough water. Fortunately, I’ve only experienced one such year out of 20. I would spec the next system with twice the number of emitters—48” spacing vs. 96”—and adjust zones accordingly.”

He also pointed out the value of developing partnerships with equipment vendors who understand what you’re trying to accomplish. “When I purchased my system, the rep was knowledgeable about sizing the system but had no experience with vineyards. Such experience would have been useful.”

Hewitt said his company is trying to assist vineyard operators with water management through technology products, such as Rain Bird IQ Water. “Real-time sensors and remote web-access allow growers to monitor every aspect of their irrigation system from the water source to the emission device. They can focus in on a single irrigation system part, or see the big picture across every system they manage,” he said.

What About Those Critters?

Since we don’t grow in a biosphere, there will always be wildlife control issues. Often, our experts said, it’s easier to anticipate their actions with some preventative measures.

Purvins of The Vineyard at Lawton Hall has had a critter or two chew tubing, but since that damage is easy to spot and repair—and the vines and grapes aren’t bothered—he feels he doesn’t need to control wildlife.

Hernandez of JH Ag Consulting said, “As we install more sensors and monitoring technology, we’re seeing that animals like to chew on sensor wire and electronic cables. Wrap monitoring systems with a wire screen to protect them from animals and passing farming equipment.”

He also recommended that growers “bury five-gallon buckets at the downstream ends of some of the hoses and allow water from emitters to keep the buckets full during the summer to provide an easy water source.”

Hewitt told The Grapevine Magazine that setting out water is a good idea, plus using more natural control methods. “For larger animals—such as coyotes and foxes—simply put a large 2” high pan under your drip tubing. The water will overflow and still get water to your plants, and the critters can get the drink of water they want without chewing on the drip tubing.”

“It’s a bit tougher to combat gophers and ground squirrels, especially with buried hose systems,” Hewitt said. “One grower I know uses trained falcons that he releases into the area to help control these pesky critters.”

Smoke Taint

Cyndi

By: Nan McCreary, Sr. Staff Writer

fire smoking in the background

Wildfires have become an increasing problem in recent years, with many occurring in various wine-growing areas throughout the world. Aside from causing loss of life and extensive property damage, the wildfires pose a risk of smoke exposure to grapes in the vineyard, which can lead to off-flavors in the wine. This condition is known as smoke taint.

Smoke taint is created by volatile phenols in smoke that permeate the grape skin and bind with sugar in the grape to form organic compounds called glycosides. This process, known as glycosylation, makes the phenols non-volatile, meaning you cannot smell or taste the smokiness. However, during fermentation, the glycosides break apart and release the now-volatile phenols into the wine, making smoke-tainted flavors perceptible. This process can even happen as you sip: the enzymes in your mouth can break down any glycosides that remain, releasing unpalatable compounds into the wine. The flavors associated with smoke taint have been described as “burnt rubber,” “ashtray,” “campfire,” or “smoked meat.”

While Australia, long plagued by wildfires, has been researching smoke taint for many years, the U.S. recently felt the impact when the California wildfires of 2017 swept through the state. “This is all new to us, and it has transformed the wine industry in California,” Tom Eddy, owner of Tom Eddy Winery in Napa told The Grapevine Magazine. “In California, we really only had one wildfire event that caused problems, and that was in 2008. Then, we as winemakers were somewhat naïve — we thought, ‘Well, it’s just an act of God, and it happens,’ but we didn’t do much about it. We tried to remove it later when we discovered it. Some winemakers threw their wine away, some tried to blend it out, which they could do to some extent, and some just made it and bottled it and called it Barbecue Red.” Eddy, whose winery was at the epicenter of the Tubbs Fire, lost much of his 2017 wine, representing a $2.5 million loss.

According to Eddy, the California wildfires of 2017 were “a wake-up” call. “Now, everybody’s cognizant about smoke taint,” he said. “We’re investigating how smoke taint affects the juice and the wine, how to analyze smoke taint, and how to mitigate it.”

Researchers in the U.S., specifically at top enology programs at the University of California at Davis and Washington State University, are investigating ways to minimize the problem in the vineyard and the wine, but, as Eddy said, “We are still learning.”

While there are few definitive answers, experts have determined that the key factors influencing smoke taint are grape growth state, smoke composition, length of smoke exposure, and grape variety. Grapes are most vulnerable to smoke taint between veraison and harvest.

Once the grapes start ripening, the grape skins more quickly absorb smoke particles. As for smoke composition and duration, studies have shown that just 30 minutes of exposure to heavy smoke at a sensitive stage of vine development will cause smoke taint. Beyond that, little is known about how the specific source of the smoke affects the smoke taint composition in wine grapes.

Similarly, research is ongoing into the vulnerability of specific wine grapes to smoke taint. Some experts claim that varieties with thicker skins such as Cabernet Sauvignon are more resistant, while the thin-skinned Pinot Noir is very susceptible. In fact, there have been instances where density and duration of smoke were so intense that damage occurred irrespective of grape variety. There is a consensus on two factors related to smoke taint, however: smoke taint is not a health hazard, nor do tainted aromas pass from one harvest year to the next.

Testing and Mitigating

As concerns about the risks of smoke taint continue to grow, many research institutions and private firms are offering tests for smoke taint by measuring two of the main volatile phenols in smoke, guaiacol, and 4-methylguaiacol. Tests include pre-harvest berry testing, as well as sensory assessment of a small-scale ferment made from the same grapes. While these tests may be objective, they do not consider the arbitrary factor of whether the wine is significantly damaged. “It’s very subjective,” Eddy said. “Some can taste smoke taint right away; others can’t. Some can taste it in certain varieties, some in others. Everybody has different recognition for smoke, alcohol, sugar and other characteristics.”

Winemakers, too, are getting into the act and experimenting with winemaking practices that can mitigate smoke taint to some extent. One such method is “flash détente,” where volatile compounds are removed from the grapes by heating them to about 180° F and sending them into a vacuum chamber to be cooled. While this process may remove some volatile aromas, it is not 100% effective.

According to an American Wine Society blog, “it may remove the taint below the detection threshold of approximately five to six ppm if the level of smoke taint is slightly over that amount, but it is not going to take a 50-ppm smoke taint level and lower it to three.” Even then, adds the blog, “it is difficult to say what aromatic precursors in the wine may react with the smoke taint volatiles making the taint detectable at lower levels.” Other options for removal include using reverse osmosis, but this method is said only to be a temporary fix, and the smoke taint returns over time. Filtering and fining agents may also be effective, but the processes will remove many desirable attributes from the wine as well.

Insurance

To Eddy, one of the most significant challenges with smoke taint is how the problem is affecting the insurance industry. “Smoke taint is a problem that is new for the insurance industry,” he said. “Policies for smoke taint are not specific, so each insurance company approaches it differently.” If a grape is damaged in the field, Eddy explained, that comes under crop insurance, and few growers in California have that, as it’s designed to cover hazards such as frost damage and hail. While most wineries have insurance that covers stock loss by contamination, insurance companies haven’t yet addressed smoke taint as a contaminant.

As a wine consultant, Eddy is knee-deep in insurance research. “I’ve worked with over 100 winemakers in the last year on this issue, and there’s such a range of opinions. On one end of the spectrum, one guy says his wine is ruined, and he’s throwing it down the drain. On the other end, a guy says, ‘It’s okay, I’m making the wine.’ Insurance companies are taking the low road or the high road. They can say the wine is not damaged or agree that the wine is damaged and decide what it’s worth on the market today. When I look at smoke taint damage, part of my assignment is to determine the extent of the damage for all parties concerned.” In the future, Eddy believes, all growers will have crop insurance, and insurance companies will put smoke taint — along with specifics related to damage — in their policies. “We have never had this,” Eddy said. “This is the outcome of what happened in 2017 in California.”

Clearly, with global warming, the problem of smoke taint is here to stay. “We thought 2017 was a once-in-a-hundred-year event, but then 2018 was worse,” Eddy told The Grapevine Magazine. “There’s no reason to believe this isn’t going to continue.  Every year, we’re going to have issues.” In 2017, Napa was fortunate, because 80% of the grapes were already harvested when the fire broke out, and, according to Eddy, impact on the consumer was minimal. Next time around, winegrowers might not be so blessed. However, with leading smoke taint scientists helping the industry prepare for future wildfires, the damage may one day be contained.

Grapevine Leafroll Disease Management and Control in Vineyards

Cyndi

By: Judit Monis, Ph.D., Plant Health Consultant

close up of grape trees

After writing about the presentations at the Unified Symposium last January I promised I would write an article that focuses on the control of the spread of leafroll viruses in the vineyard.  Transmission and spread of leafroll viruses have been documented in all grape growing areas worldwide.  Specifically, leafroll disease has been reported spread in Australia, Argentina, Europe, New Zealand, South Africa, USA, and other important viticulture areas in the world. Different types of mealybugs and soft scale insects can transmit some species of leafroll virus and Vitiviruses. However, long distance dispersion of viruses (as well as other pathogens) is most effective by producing cuttings and grafting.  If you follow my work, you know that I recommend that you plant healthy vines to prevent virus infection in the vineyard.

Grapevine Leafroll Disease

The most important effect of leafroll disease is the production of small grape clusters with uneven ripeness.  The grapes have lower sugar content (reduced brix values). Foliar symptoms include downward rolling, reddening or yellowing of leaves and vary depending on the grapevine variety or winegrowing area. The leaf veins may remain green or take many other colors (yellow, purple, red, etc.).   Sadly, some wine and tourist magazines use photos of infected vineyards to promote their wine regions.  Although all leafroll associated viruses belong to the Closteroviridae (Greek, clostero: thread-like) family, the only species known to be transmitted by insects are found in the Ampelovirus genus (Greek, ampelos: grapevine). Ampeloviruses include the majority of Grapevine leafroll associated viruses (GLRaV-1, -3, and -4). So far, no vector has been reported for GLRaV -2 or GLRaV-7 (but as other viruses are propagated by cuttings). Research has shown that leafroll viruses are able to recombine in mixed infections, generating many variants of similar viruses that scientists define as a quasispecies (i.e., almost a species). These genomic changes have serious implications on virus detection as standard methods may miss infection. Transmission by mealybug and soft scale insects has been reported for GLRaV-1, -3, and -4. Different mealibugs such as the grape (Pseudococcus maritimus), citrus (Planococcus citri), long-tailed (Pseudococcus longispinus), obscure (Pseudococcus viburni) and vine (Planococcus ficus) are able to transmit Ampeloviruses and Vitiviruses non-specifically. Furthermore, work in South Africa has shown that a single individual of vine or long-tailed mealybug is capable of starting a GLRaV-3 infection.

Sampling in The Vineyard:

The correct identification of the disease causal agent is critical for devising a control strategy. Regular visual inspections and sampling of grapevines should be performed to monitor the disease status of a vineyard. It might not always be possible to correlate the presence of virus infection with symptoms, especially with new viral infections. Complicating matters, other viruses, fungi, or nutritional deficiencies can cause similar symptoms in grapevines. Furthermore, vines planted on their own roots do not develop typical symptoms. Symptoms may appear two or more years after top-working a vineyard with a new variety. Viruses associated with leafroll move slowly in the vine and may remain undetected by laboratory testing, unless sampling is done correctly. Collection of representative samples will allow the laboratory to detect the presence of viruses associated with leafroll. The season for testing is important and samples should be collected from vines late in the summer throughout dormancy.

Virus Testing

Two methods can be used for the detection of leafroll-associated viruses: ELISA and RT-PCR.  Each method is designed to detect different portions of the virus. ELISA detects the capsid protein (coat or protective cover), and RT-PCR detects the viral genomic RNA (genetic information).  Therefore, ELISA and RT-PCR complement each other on the detection of virus and virus variants. ELISA stands for enzyme-linked immuno-sorbent assay, and consists of trapping the virus protective protein on a plastic test plate containing specific viral antibodies.  The detection is done through a colorimetric enzymatic reaction (positive samples yield a yellow color). The method is limited to the amount of virus present in the sample (i.e., there is not amplification or danger of laboratory contamination). RT-PCR, is the abbreviation for reverse transcription-polymerase chain reaction.  The method involves the amplification or multiplication of viral RNA present in the vine. The process is specific, and utilizes a couple of primers to start the amplification process.  Primers are essentially artificial copies of a portion of the viral genome. The amplification is repeated many times, each step or cycle continues to makes more copies of the viral segment. Consequently, RT-PCR is a sensitive technique for the detection of plant viruses.

As mentioned above, the sensitivity and specificity of the detection of viruses associated with leafroll is dependent on the method used for diagnostics.  However, detection it is also influenced by the season and part of the vine from which samples were collected as well as the quality of reagents used. While ELISA is known to be less sensitive than RT-PCR, the ELISA has a broader spectrum of detection (i.e., it detects virus variants). On the other hand, RT-PCR (especially Taqman PCR) may be too specific, and could miss the detection of a virus with small changes due to mutation or recombination (e.g., variant species). Lately, fewer quality ELISA reagents are being developed as designing PCR primers is less time consuming. My recommendation is to use ELISA initially (commercial reagents work well for GLRaV-1 to -4) and RT-PCR to confirm infection (or lack of infection).  When mapping infection in a white fruited grape block such as Chardonnay or Sauvignon Blanc, ELISA may be the only economical way of determining the leafroll disease status of specific vines as many samples must be tested in a yearly basis.

Leafroll Disease Management and Control Strategies

To manage leafroll disease, it is important to develop a map of virus infected vines. The map will provide information of virus spread and determine the pattern of infection.  A random distribution of symptomatic vines would generally be associated with planting infected vines. While symptomatic vines aggregated or clustered in one area of the vineyard block is an indication of virus spread.  The initial assessment must be done using a testing lab to determine the presence of a virus species capable of being transmitted.  Once the vineyard manager is familiar with symptoms, the mapping could be done by visual observation.  It is much easier to determine the characteristic leaf roll disease symptoms in red fruited varieties.  In white varieties it may be possible to train eyes to determine the presence of infection but likely will rely on the confirmation of the presence of virus by testing vines.

Effective disease control requires the availability of clean planting stock (i.e., certified disease-free tested). However, to ensure that the vineyard remains disease free, the grower must be aware of the presence of virus infection in neighboring vineyards. It is important to devise procedures to protect a healthy vineyard from potential disease introduction. The presence of insect vectors and ants should be routinely monitored and controlled. Unfortunately, mealybugs are not always easy to observe in the vineyard, however the presence of ants are usually associated with the presence of mealybugs. Special traps (including pheromone traps) are available to monitor the presence of mealybug infestation. The dispersal of mealybugs by birds, wind, field equipment, and/or workers are responsible for long distance spread of virus. Sanitary practices such as fallow periods, sanitation of equipment, and sanitation of field worker’s clothing are recommended to avoid moving disease vectors from one vineyard block to another.  I always recommend to start work in the non-infected blocks and move workers to infected blocks at the later part of the day.

Controlling the spread of viruses requires strict protocols for handling vines and performing cultural practices in the vineyard and nursery. Hot water treatment of vine cuttings and grafted vines are effective controlling the movement of mealybugs from one site to another. Other recommended practices include establishing wind traps, planting insecticidal cover or border crops, using site dedicated clothing and/or shoes for workers, and avoiding the use of potentially contaminated equipment in the vineyard.

Ultimately, the removal of infected vines or entire blocks will be key to reducing the source of infection.  Guidelines call for rouging (removal of individual infected vines) if there is less than 25% disease incidence and entire blocks (greater than 25% disease incidence). A common mistake is the removal of a portion of the infected vineyard block (see photo 2).  This decision is made to avoid production losses at the vineyard. However, in no time, the newly planted vines will become infected by the same virus present in the other portion of the vineyard.

The control of leafroll spread needs to be based on a concerted effort among growers. In California the development of a network of neighboring growers has allowed open discussion of infection status of blocks and applied control measures. The use of cultural practices (especially sanitation and insect control applications) should be coordinated and scheduled to include area-wide treatments as grapevine viruses and their vectors do not know or respect neighboring borders.

  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.  Please visit juditmonis.com for information or contact juditmonis@yahoo.com to request a consulting session at your vineyard.

Plant Patents in the Wine Industry

Cyndi

By: Brian D. Kaider, Esq.

USPTO website

When most people think of patents, they think of new machines, new medicines, or improved manufacturing processes.  These inventions are protected by “utility patents.”  Some people may also be familiar with “design patents,” which protect a novel ornamental design, such as the front grill of a luxury car.  But, there is a third class of patents with which most people are unfamiliar, “plant patents.”  As the name suggests, plant patents protect new plant varieties, such as a new strain of wine grape vine.

Not all plants are eligible for patent protection, however.  United States Code, Title 35, Section 161 provides that: “[w]hoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefore…”

There are some key words in that statute, most importantly, “asexually reproduces.”  Asexually propagated plants are not grown from seeds, but by rooting of cuttings, layering, budding, grafting, inarching, etc.  Plants capable of sexual reproduction are not excluded from patent eligibility if they are also capable of being reproduced asexually.  “Tuber propagated plants” are those that are grown from short, thickened portions of an underground branch, such as the Irish potato or the Jerusalem artichoke.  The policy reason for excluding these asexually produced plants is that they are propagated by the same part of the plant that is sold as food.

A Brief History

Prior to enactment of the U.S. Plant Patent Act of 1930, two factors kept plants from patent protection.  First, even plants that were artificially bred were considered products of nature.  Second, it was thought that plants were not capable of being described in sufficient detail to satisfy the rigorous requirements of 35 U.S.C. §112(a), which provides that the application for a patent “shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same…” In enacting the U.S. Plant Patent Act, Congress recognized the contribution made by someone who creates a plant that did not otherwise exist in nature and relaxed the written description requirement for plant patents to, “a description… as complete as is reasonably possible.”

Should You Patent Your New Variety of Wine Grape Vine?

If you develop a new variety of wine grape vine that is particularly well suited for a certain growing environment, or yields more grape juice per acre than its precursor varieties, or is resistant to smoke taint, or just has a unique flavor profile, it may have significant market value.  If so, there are two ways to protect your discovery.  First, you could simply keep the new variety a trade secret.  This would require that you only share the details of the variety with those who need the information to do their job and take measures to ensure that no cuttings, seeds, or other materials leave your property that could be used to reproduce the new plant.  If someone else independently develops your variety, you will have little recourse against their use of the new vine.

A plant patent enables you to exclude others from asexually reproducing the plant, from using, offering for sale, selling in, or importing into, the United States, the plant so reproduced, or any of its parts (e.g., grapes) without your written permission or license.  How they acquire the new variety is irrelevant; possession of illegally propagated plants of a patented species is infringement, even if the reproduction is inadvertent.  Not only does this protect your ability to maintain exclusive use of the new variety, but it can open a new revenue stream as the patent can be licensed, giving you a royalty for every vine of the new variety that is sold.  As with other forms of patents, the downsides to seeking the protection of a plant patent are the initial cost (which can be about $8,000) and the limited term of protection (20 years from the application filing date).

How Do I Apply for a Plant Patent?

As with utility and design patents, it is possible for you to file and prosecute your own plant patent application.  The U.S. Patent and Trademark Office, however, has very strict rules and processes for how applications are to be made and, in most cases, it is much simpler to hire a competent patent attorney to handle the application process for you.  Regardless of whether you hire an attorney or do it yourself, there is some information you will have to provide.

The application must give “as full and complete a disclosure as possible of the plant and the characteristics thereof that distinguish the same over related known varieties… and must particularly point out where and in what manner the variety of plant has been asexually reproduced.”  As an example, U.S. Plant Patent No. 30,263, “Grape Plant Named ‘Crimson Pearl,’” issued on March 5, 2019 and contained the following description:

“’Crimson Pearl’ is a new and distinct variety of grape plant selected from a group of seedlings resulting from a controlled cross of female parent `MN 1094` (not patented) and male parent `E.S. 4-7-26` (not patented) carried out at Hugo, Minn. in 1996. `Crimson Pearl` was selected for its excellent winter hardiness, late bud break in springtime and excellent suitability as a red wine grape. Asexual propagation by hardwood cutting was first carried out in 2002 at Hugo, Minn.; subsequent asexual propagations have shown the variety to be stable and to reproduce true to type through successive generations.”

Notice that the plant was first created in 1996 and the first asexual reproduction was carried out in 2002, yet the application for this patent was not filed until 2016 and issued in 2019.  This is an important point, because plant patents are subject to the requirements of 35 U.S.C. §102(a)(1), which provides that the applicant will not be entitled to a patent if the claimed invention was “described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.”  In this case, twenty years elapsed between the first creation of the variety and the filing date.  In order to satisfy section 102, therefore, the inventor must not have described the new variety in any printed publication or sold the vine or made it publicly available during that twenty year period.

As part of the application, photographs or detailed drawings that are artistically and competently executed must be included of the plant.  If color is a distinguishing characteristic of the new variety, the photographs or drawings must be submitted in color.  In some cases, the examiner may also require that the applicant submit specimens of the plant, or its flower or fruit, at a time in its stage of growth that the examiner designates, for study and inspection (though if the examiner requests a specimen in the form of a bottle of finished wine, the request should be viewed with a bit of skepticism).

As with utility patents, examination of the application involves a comparison of the claimed invention to the “prior art” (i.e., the plants known to have existed before the application).  Generally, this comparison involves a search of appropriate subclasses of the US patent classification system as well as  patent and non-patent literature databases.  In some cases, however, an examiner will request an analysis from the Agricultural Research Service, Horticultural Research Branch of the Department of Agriculture.  The authority for this type of request comes from an Executive Order issued by President Herbert Hoover in 1930.

Because plant patents apply only to the whole plant and not parts thereof, they must be claimed in their entirety.  In other words, your patent should not claim “a new variety of grape characterized by…” or be titled, “A New Variety of Grape, named ‘XYZ,’” because it is not the grape itself that is subject to the patent, but the entire grape vine.

This raises the question of why a new variety has to be “named” at all.  The answer lies in The International Convention for the Protection of New Varieties of Plants (generally known by the French acronym “UPOV Convention”).  As a signatory to this convention, the United States requires the applicant to include a “variety denomination” for the new plant.  The examiner must evaluate this denomination to ensure it is not identical with or confusingly similar to other names utilized in the United States or other UPOV member countries for the same or a closely related species.  Further the proposed denomination must not mislead the average consumer as to the characteristics, value, or identity of the patented plant.  If this language seems familiar, it is essentially the same standard that is applied for evaluation of a trademark application.

Conclusion

Plant patents are a useful tool to protect new varieties of grape vines.  Growers should be aware not only of the ability to protect their discoveries, but of the basic requirements to obtain patent protection and the actions that may potentially jeopardize their opportunities to seek protection.  A knowledgeable patent attorney, engaged early in the process, can help to identify those new varieties that are eligible for a plant patent and to avoid waiving potential patent rights.

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.

How Does Your Safety Program “Pair” With Your Workers?

Cyndi
repairman at maintenance work

With the intensity of the wine season gearing up and peak times just around the corner, how prepared are you to protect the health and safety of your workers? Protecting your employees is crucial to attaining your orchard and vineyard goals and having a successful operation. Having a solid and functioning safety plan in force results in better productivity, enables your workers to thrive and contribute to the performance of your business.  A good safety program is a win –win for everyone!

Regardless of the size of your operation, it is your responsibility as an employer, to have a safety program in place.  Depending on the size of your operation, your safety program may be informal or it may need to be more formal in nature – every winery is different. You’ll obviously want to abide by any government safety regulations that apply but there are also several safety management practices that will help you better demonstrate your commitment to safety, provide a safer working environment for your workers and yield you more efficiencies within your business.  It is not uncommon for a winery to produce a safety manual from an online template, issue it to their workers, briefly review it during a new employee training session and in turn, believe they have an effective safety program. Even though doing this is important, there are additional ways to visibly support your safety program to the point where it actually becomes “operationalized” into your day-to-day activities.  Outlined below you will find some of the ways we have found to be very effective to visibly demonstrate your support of your safety program.

Effective Ways to Promote a Safety Program at a Winery

Safety Policy and Program

  1. Draft a safety policy statement and sign it, better yet, have all of your supervisors sign it too.
  2. Make sure that your workers receive this policy statement either through an employee handbook, an employee bulletin board posting or through new employee orientations and meetings.
  3. Safety responsibilities should be formally assigned to a single individual to coordinate safety compliance efforts, accident investigation, and emergency procedures.
  4. Verify that appropriate safety responsibilities are also defined for everyone else.
  5. Work with either your insurance carrier or your insurance broker to establish an internal claims cost containment or return to work policy to reduce post-accident injury expenses.
  6. Hold supervisors accountable in annual performance reviews in part for safety objectives and/or the accident results of their workers.

Safety Rules and Standards

  1. Workers need to know how to safely do their job by having general work procedures and safety rules developed for your winery operation. High risk procedures like confined space entry, lockout / tagout, any work at heights, etc., need to be in writing.
  2. Safety rules are as important as any other part of your business. Write them so they are simple and easy to understand. Distribute them to all workers and have them sign an acknowledgment of understanding. Also post them in a common area as a reminder to everyone.
  3. Have a disciplinary system in place to deal with any safety rule violations.
  4. Develop a plan for winery emergencies like natural disasters and fires to make sure your workers know how to effectively respond in emergency situations.

Safety Training

  1. Make sure you have a safety orientation plan in place. Complete the orientation before workers begin a new job. Workers need hands on job training.
  2. Train your supervisory personnel so they can conduct safety inspections related to workplace safety hazards or applicable regulations in their area on a regular basis.
  3. Review your winery operations to determine the safety training needs for all work areas. This would include areas such as: emergency response to fire or injury, confined space, electrical safety, handling of chemicals, fall prevention and wearing of personal protective equipment, just to mention a few.
  4. Supervisory safety training sessions should be held regularly, addressing the following: accident investigation, conducting safety talks, understanding workers compensation, complying with government safety regulations, completing safety inspections, and controlling employee accident costs, as needed.

Safety Inspections

  1. Formal safety inspections should be conducted regularly by supervisors or other management staff. Document the results of these inspections.
  2. On a daily basis, supervisors should routinely conduct informal safety inspections with any negative findings documented and corrected.
  3. Consider developing customized safety inspection checklists for each area to ensure your inspections are thorough and consistent.
  4. Have a follow-up system in place to make sure that systematic corrective action is being taken on the deficiencies noted during safety inspections.
  5. Regularly update your safety inspection procedures and checklists by utilizing information generated in accident investigation reports so you can prevent recurring incidents.

Accident Investigation

  1. Have a supervisor (of the employee) investigate all injuries requiring medical treatment along with any “near misses” to make sure they don’t happen again.
  2. Maintain accident statistics about injuries that occur in your winery operation and review them regularly in management staff meetings. An accident occurring within your facility should be considered a significant winery operational deficiency and you should appropriately take corrective measures for each one.
  3. 3. Focus on fact finding, not fault finding to avoid attributing accident causes to employee carelessness or possible fraud on accident investigation reports. Identify the underlying root cause(s) for each accident.
  4. Have a first aid treatment procedure in place to help effectively reduce the severity of work-related injuries. You should include:
  5. a) A properly stocked first aid kit. The American Red Cross recommends: https://www.redcross.org/get-help/how-to-prepare-for-emergencies/anatomy-of-a-first-aid-kit.html
  6. b) Eye wash station(s). Grainger has an article describing where eye wash stations should be placed: https://www.grainger.com/content/qt-emergency-shower-eye-wash-stn-req-120
  7. c) Employees trained / certified in first aid. First aid training is often available through local organizations such as the Red Cross, local fire departments, EMS, etc. Check your local area listings.

Personal Protective Equipment (PPE)

  1. Conduct a hazard assessment of your winery operations to determine any personal protective needs and requirements for your workers. Make sure appropriate PPE is readily available to all workers, they are trained in its use and they follow all established requirements.
  2. Hold your supervisory personnel responsible for enforcing the use of PPE devices. This would include such items as safety glasses, proper footwear, gloves, and hearing protection, etc.
  3. On a periodic basis, review accident and inspection reports to evaluate the use or need for any additional personal protective equipment devices.

Motivation

  1. Demonstrate safety is a priority at your winery by holding regular meetings with your workers and supervisors to talk about any safety concerns. Keep minutes of each of these meetings with what was talked about and who attended.
  2. Have an “alternative duty” transitional work program in place to encourage injured workers to remain on the job in restricted capacity.
  3. Consider having a constructive policy in place to address workers who have had two more injuries or property damage accidents during any twelve-month period of time.
  4. Establish ideas and plans to motivate all workers to follow existing safety policies/procedures in an effort to achieve specific safety goals through such methods as personal recognition, bonuses, awards, etc.

Mechanical Safeguards

  1. Survey any high accident areas, materials, processes or buildings annually if you are having occurrences to specifically evaluate the adequacy of your equipment safeguards and/or OSHA machinery guarding compliance.
  2. Identify and provide appropriate signage where guarding is required. Develop procedures when guards are required to be removed for service or maintenance.
  3. If protected by interlocks or safety switch, inspect these systems regularly to verify that they have not been disabled or bypassed.

General Operating Conditions

  1. Maintain good housekeeping practices in all of your working areas so as to reduce slip, trip and fall hazards.
  2. Prohibit the climbing on racks in any storage or warehousing operations. Provide and encourage the use of sound, sturdy ladders.
  3. If forklifts are used, provide required training to all operators. Order pickers, if used, must work from an approved platform and wear appropriate fall protection.
  4. Tractors, mowers and other power equipment should be provided with appropriate rollover protective devices (ROPS).

Vehicle Safety

  1. Motor vehicle records should be routinely obtained for all new drivers and updated annually.
  2. Motor vehicle records should be evaluated using a defined point system for all drivers on an annual basis.
  3. A record of training should be maintained on file for all personnel who have access to and operate vehicles, farm equipment, vans or other powered equipment during the course of their employment.
  4. Accident reporting kits should be kept in all vehicle glove compartments.
  5. Drivers should conduct vehicle inspections daily.

Conclusion

At the end of the day, safety doesn’t need to be complicated. You can keep your program simple so that it meets the needs of your winery. Remember that:

  • Safety doesn’t happen without the person in charge and everyone else standing up and taking responsibility.
  • No one single person can be responsible for safety – more people making safety a priority correlated to fewer people being injured.
  • Stay with it – safety isn’t about written rules and handbooks, it’s about thinking about the potential dangers and what needs to be done to keep everyone safe.

By “pairing” these safety program components with what you and your workers do, you’ll be better prepared to meet the busy times ahead with safer and fewer injured employees. You, your employees and your business will all benefit!

  The information provided in this article is intended for general informational purposes only and should not be considered as all encompassing, or suitable for all situations, conditions, and environments.  Please contact us or your insurance professional if you have any questions. Products and services are offered through Markel Specialty, a business division of Markel Service Incorporated (national producer number 27585).  Policies are written by one or more Markel insurance companies. Terms and conditions for rate and coverage may vary.

For More Information Please Call Us At:

800-814-6773

Or Visit Our Website:

markelinsurance.com/winery

The Scott Henry Training System; Easy to Learn, And a Route to Improved Profitability & Wine Quality

Cyndi

By: Dr. Richard E Smart and Amaya Atucha

Scott Henrey vines

We wrote this article to promote the use of the Scott Henry training system in vineyard regions of North America; for reasons which we do not completely understand the system has been overlooked,  under-researched and also under-promoted. For those growers who use this system, mostly overseas, the benefits are substantial. They might be summarised as improved yield and fruit composition and reduced disease incidence. Wine quality is also improved. The system is not difficult to manage, contrary to some rumours in this regard. It is a matter of learning new tricks, mostly about timing, so not too difficult for commercial grape growers.

For those growers prepared to try new ideas, you will be rewarded, and the winemakers (and bank managers) will smile.

Why the Scott Henry?

Canopy Management 101

The basic aim of canopy management is to train grapevines in in such a way that yields are promoted, as is desirable fruit composition and disease avoidance. It follows a few basic principles, which follow:

  • Maximise sunlight interception, remember it is Sunlight into Wine. Preferably use north-south rows, spaced about as far apart as they are tall. If you are in a hot, sunny region, you might avoid N-S rows and the heat caused by afternoon sun on west-facing canopies. Taller canopies are of course more efficient than shorter ones.
  • Maintain a sufficiently wide spacing between shoots to avoid dense canopies, around 5 shoots per foot of canopy length, or 2.5, 2-bud spurs per foot of canopy. Most canopies are more crowded than this. Shading of bunches has serious effects on wine quality, and shading of the base of shoots reduces bud fruitfulness.
  • Fruit exposure will generally be sufficient in such low density canopies as above; perhaps if very leafy there may be a need for some leaf or lateral removal.
  • Vine balance is very important, and this is largely determined by winter pruning level; the bud count should be matched to the vineyard vigor. The best way to assess this is by weighing prunings on a few average vines. To obtain vines of moderate vigour, the rule of thumb is retain about 14 buds per pound pruning weight. This is often more buds than are normally left. Ideally the vines should be spaced 5-6 ft apart in the row.

These general rules apply to any vineyard trained to any system, not just the Scott Henry. The Scott Henry (SH) is like the Smart Dyson (SD) and Geneva Double Curtain (GDC) systems. All three have two feet of canopy per ft of row, in other words they are a “divided canopy” system. The Scott Henry and Smart Dyson are called vertically divided. One canopy grows upwards, one downwards from mid height  (3 ½ ft) fruiting zones. The GDC on the other hand is horizontally divided, with two pendant curtains about 3 ft apart.

Managing the Scott Henry

The Scott Henry is a cane pruned system, using two or four canes. The Smart Dyson is spur pruned, with spurs pointing upwards and downwards from a mid-height cordon. We will discuss the management of the Scott Henry only here.

Normally, for vigorous vines we prune to four canes, two on a lower fruiting wire at around 40”, two on an upper fruiting wire at about 46”, on the opposite side of the post and on the upwind side. An extra wire is used for the SH, a moveable foliage wire to help downwards shoot positioning.  At winter pruning, this rests about opposite the top fruiting wire, and at early flowering it is placed on top of the shoots from the bottom canes after they are separated from those growing upwards; subsequently, after fruit set it is moved downwards and attached, so positioning the shoots downwards. When pruning remember not to wrap the bottom canes too tightly, one or two wraps is best, and secure the ends of the canes.

At the beginning of flowering, and before the tendrils start to attach, slide your arm into the canopy to separate shoots from the top and bottom canes.  Place the extra moveable foliage wire on top of the shoots from the bottom cane, and they will lean out into the row, assisted by any wind. Shoots from the top cane will form the top canopy, and they are trained vertically upwards between foliage wires, as is normal for VSP.

Then, at around early fruit set, move the bottom moveable foliage wire downwards and attach it to the post, say 2 ½ ft below the fruiting wire. This will form the second, downward pointing canopy.  Remember that you will need to apply any herbicide before flowering.

Normally shoot positioning the Vertical Shoot Positioned canopy (VSP) takes 3-4 labor passes through the vineyard with well managed teams, and requires 12 to 16 hrs per acre. This figure might be increased by say 25%  maximum when using Scott Henry.

Responses to Scott Henry

Training with Vinifera

The conversion cost is not high, to add only one wire per row to train shoots downwards, and a very modest increase in labor input, for shoot positioning. The benefits are however substantial, with yield increase to 30% or more, no change in other costs (apart from harvest), and typically less disease. It is well known that powdery mildew and Botrytis are higher in shaded canopies, and less for Scott Henry than VSP. Because of improved bunch exposure, there is better color, flavour and phenolics in vines trained to Scott Henry.

Most experience around the world is with vinifera grapes; in fact Oyster Bay wines of New Zealand has 5,240 acres of Scott Henry planted in both NZ and Australia, no doubt the largest in the world. Results from their vineyards reinforce the message above, and on a grand scale!

Responses to Scott Henry Training

With Hybrid Grapes in Wisconsin

Cold climate hybrid grapes cultivars have propelled the expansion of the grape and wine industries in the Northeast and upper Midwest of the United States, mostly due to their superior midwinter hardiness compared to vinifera and other hybrid cultivars. However, cold climate hybrids possess high vegetative vigor which can be intensified when vines are grown in very fertile soils, and summer rainfall such as in the Midwest. The high vegetative vigor of these hybrids can be challenging for growers to manage, and often results in dense canopies with shaded fruit that is high in acidity and has poor color development, as well as an overall delay in ripening. To control vigor, growers will usually hedge and skirt shoots multiple times during the season, and will implement shoot and leaf removal to increase light exposure of clusters, all of which requires labor and increases production costs. Particulary time consuming is the task of tucking shoots into the trellis wire in the VSP system, which can be a constant battle with cultivars that have a procumbent (droopy) growth habit such as ‘Brianna’ and ‘La Crescent’.

Alternatively, divided canopy training systems, such as Scott-Henry (SH), can be used to control vine vigor, as these systems increase the number of shoots and clusters per unit of row length, compared to those grown on single canopy systems like VSP or high wire. Studies across in the Midwest of the United State (Atucha and Wimmer, 2016; Cochran and Nonnecke, 2016) have shown that cold climate hybrids trained on divided canopy systems can achieve higher yields, reduce canopy shading, and improve fruit composition, compared to single canopy systems.

In a 5-year training system evaluation study in southern Wisconsin, yield of vines trained to the SH system produced more than double the yield than those trained to the vertical shoot positioning (VSP) system, and 25-35% more than vines trained to the high cordon (HC) system. For example, in ‘Frontenac’ the 5-year average yield on SH was 30 lb/vine (  8.7 t/ac), compared to 16 lb/vine (4.7 t/ac) in VSP, while in ‘Marquette’, HS and VSP produced 17 and 10 lb/vine (5 and 2.9 t/ac), respectively. In addition to higher yields, vines trained in the SH system had more consistent yields year to year, compared to the high variability in yields observed in VSP.

The higher yields in SH resulted in a considerable reduction in vegetative vigor, which required no to minimal hedging to control shoot growth in vigorous cultivars such as ‘Marquette’ and ‘La Crescent’, and an overall more open canopy with a higher percentage of clusters exposed to sunlight (Wimmer et al., 2018) .  There were no differences in sugar and acid composition at harvest between the higher yielding SH vines and those in VSP or HC, despite the significantly higher crop load of vines trained to SH. Separate studies in Wisconsin have shown that sunlight exposure improves berry colour and phenolics. A recent article in this magazine (Smart 2018) emphasised the need to do shoot positioning on the high wire trellis to avoid shading, which causes loss of yield and quality.

Conclusion

We think that Scott Henry and Smart Dyson might have application in the Midwest USA, as has been found elsewhere. Certainly the initial research results are encouraging. The SH training system is a great option to control vegetative vigor and increase yields in cold climate hybrid grape cultivars without reducing fruit ripeness, and quality for winemaking will likely be improved.

References Cited

Atucha, A. and M. Wimmer. 2016. Brianna, Frontenac, La Crescent, and Marquette Training Trial. West Madison Agricultural Research Station (WMARS), Verona, WI. Northern Grapes Project publication. http://northerngrapesproject.org/wp-content/uploads/2016/02/WI-training-study-Year-4.pdf

Cochran, D.R. and G.R. Nonnecke. 2016. Iowa Training Systems Trial. Snus Hill Winery, Madrid, IA. Northern Grapes Project publication. http://northerngrapesproject.org/wp content/uploads/2016/02/IA-training-study-Year-4.pdf.

Smart, R. E. (2018) Managing high wire trellis for improved yield and quality. The Grapevine. Nov-Dec, pp 54-58.Wimmer, M., Workmaster, B. and Atucha, A. 2018. Training Systems for Cold Climate Interspecific Hybrid Grape Cultivars in Northern Climate Regions. HortTechnology 28(2): 202-211.

About The Authors

  Dr. Richard Smart: is an Australian viticulturist and leading global consultant on viticulture methods and is often referred to as “the flying vine-doctor”. He is considered responsible for revolutionizing grape growing due to his work on canopy management techniques.

  Dr. Smart is a graduate from Sydney University with Honors in Agricultural Science in 1966. Additionally he holds the degrees M.Sc (Hons) from Macquarie University following a study of sunlight use by vineyards, a Ph.D from Cornell University in New York State studying under the Professor Nelson Shaulis, and in 1995 awarded a D.Sc. in Agriculture by the Stellenbosch University, South Africa, in recognition of research into canopy management effects on vineyard yield and quality.

  Dr. Smart is the author of the book Sunlight into Wine as well as a contributor to several trade publications, and the viticulture editor of The Oxford Companion to Wine. Consulting has been a full time occupation since 1991, and he has consulted to over 300 clients worldwide. While many clients want to use Richard’s expertise in canopy management to improve wine quality and vineyard yield, complete viticultural advice has been given on a range of issues like choice of site, variety, rootstock, irrigation and nutrition management.  Dr.Richard E. Smart: International Viticultural Consultant, Smart Viticulture, Truro, UK, richard@smartvit.com.au

Amaya Atucha: is an assistant professor and Gottschalk Chair for cranberry research in the department of Horticulture at the University of Wisconsin-Madison and State Fruit Crop Specialist with UW Extension. She earned a B.S. in horticulture from the Pontificia Universidad Católica de Valparaíso (Chile) and a Ph.D. in horticulture from Cornell University. Her research program focuses on fruit crop physiology and production of deciduous fruit crops, predominantly cranberries and cold climate grapes, and her extension program delivers up to date, research-based information to fruit growers in Wisconsin. She edits the Wisconsin Fruit Newsletter, a biweekly newsletter distributed statewide in Wisconsin, and is a contributor to the Cranberry Crop Management Journal, a publication highlighting research and extension in cranberry production at UW-Madison.

Viticulture in Argentina & Chile from a Plant Pathologist Perspective

Cyndi

By: Judit Monis, Ph.D.

vineyards with fences

This year I was invited to speak at different events organized by the Chilean Nursery Association (AGV) and Wines of Chile. While in Chile, I attended the 19th Congress of the International Council for the study of virus and virus-like diseases of the grapevine (ICVG). The ICVG meeting was held and hosted in Viña Santa Carolina Winery facilities near Santiago.  While I was traveling in South America, I had an opportunity to visit vineyards in Argentina and Chile.  Today I will share information I learned about winegrowing in Argentina and Chile.  As you know my interests are in grapevine diseases, how to prevent disease development and spread in the vineyard.   So, it will not be surprising that this article will focus on vine diseases.

Grapevine Diseases Originate Where Vitis Species Originate

It is easy to guess that grapevine pathogens (disease causing agents) originated at the same place where Vitis (the grapevine genus) species originated.  These disease agents (bacteria, fungi, and viruses) were introduced to other places in the world with the propagation and planting material.  Specifically, the varieties and clones that are grown in vineyards belong to the Vitis vinifera species (of Eastern European and Asian origin) while the rootstocks grown commercially belong to American Vitis species.  When grape cultivation started countries were not set up with quarantine programs, neither modern diagnostic tools we use today (PCR, ELISA, etc.) to detect pathogens were available.  Consequently, since the early days of grapevine cultivation European and American grapevine pathogens have been moving from one site to another for many generations.

Argentine and Chilean Grape growing Regions are Strikingly Different

  Being from Argentina, I frequently visit vineyards and wineries in South America.  Argentina ‘s viticulture is very different from what I am used to in California growing regions.  Most of the vineyards in Argentina have planted vines on their own roots (i.e., not grafted onto a rootstock) as the philoxera pest is not commonly found in Argentine grape growing areas.     Besides providing protection from philoxera, rootstocks confer resistance to nematodes, salinity, and can control the vigor of the vines in the vineyard.   Consequently, more vineyards in Argentina are being planted with grafted vines, especially in Mendoza’s newer and more sophisticated growing regions (Valle de Uco).   In contrast, the vineyards in Chile are very similar to the ones I visit in California and strikingly different from those in Argentina.   The majority of the vines in vineyards are grafted and trained in a similar fashion to Californian vineyards. The Andes Mountains that divides Argentina from Chile influences the climatic conditions of each of the countries.  Therefore, the rainy seasons, availability of water and stresses present in each winegrowing area are very different.

Grapevine Diseases are Found Wherever Grapevines are Grown

When it comes to diseases Argentine and Chilean viticulture is not different from other growing areas.   As I mentioned earlier, common diseases caused by Leafroll viruses, Vitiviruses, Fanleaf, Agrobacterium, and fungal trunk diseases must have arrived on site when plant material was imported.  These are important diseases that affect both grape quality, yield, and longevity of the vineyards.  In Chile and Argentina, I have witnessed the presence of Syrah Decline, a disorder that affects both grafted and not grafted plants.  At the ICVG meeting, Joshua Pucket from UC Davis Foundation Plant Services reported that Syrah Decline symptoms are linked to genetic markers present in certain Syrah and Shiraz clones.   Interestingly, when symptomatic Syrah selections were subjected to the meristem tissue culture technique used to eliminate known viruses and viroids, the symptoms persisted, suggesting that Syrah Decline is not caused by any of these infecting agents.  Research in France support these findings as symptoms are restricted to certain grapevine genotypes.  The news that Syrah Decline is a genetic rather than pathologic disorder will help growers prevent planting certain genotypes to avoid loss of production.   It is expected that we will learn more about this disorder as more research is published on this topic.  To date, surveys in both Argentine and Chilean vineyards were not able to detect Grapevine red blotch virus (GRBV).  The most likely reason for the lack of GRBV in Argentina and Chile is that these countries have historically imported grapevines from Europe and the virus so far has not been reported in EU vineyards.

None of these South American Countries have a Grapevine Clean Planting Certification Program

Grape growers and winemakers are aware of the detrimental effect of grapevine pathogens and would prefer to purchase and plant certified grapevines. Unfortunately, neither Argentina or Chile have a current certification program.  In other words, certified pathogen free vines (scion or rootstock varieties) are not available.  This is not completely true, as I learned that Argentina has one certified Malbec clone available. However, there is no use of having a certified scion if it is to be grafted onto a non-certified rootstock.  Consequently, most nurseries and growers are grafting non-certified scion and rootstock varieties.  In Argentine the grapevine certification program is going through administrative revision.  The current law requires that all mother plants are tested every year using the woody indexing method.  However, this is not practical as the results of this test are obtained two years after starting the index. The proposed changes include the application of molecular (PCR, ELISA) instead of biological testing (index) to detect viruses in the foundation and nursery increase blocks.  In Chile, supported by public funding a virus tested germplasm collection is being preserved.  It is expected that the material will become available to interested nurseries that could multiply and distribute the material for planting new healthy vineyards.

In both countries, the available planting material produced at the nurseries is not sufficient to fulfill the demand of the industry.  Therefore, grafted vines can also be imported from “approved” nurseries primarily from Europe (France and Italy) and must pass the government quarantine and sanitation requirements.  Generally, quarantine is done at facilities owned by the importing party as neither SENASA or SAG, the National sanitary authorities in each of the countries have the space to complete the quarantine in their facilities.

It is my hope that, with time, future changes will include the availability of certified pathogen free tested and true-to-type scion and rootstock planting material.  Only with clean planting grapevine material these important wine grape growing areas will see an improvement of the health and longevity of their 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.  Please visit juditmonis.com for information or contact juditmonis@yahoo.com to request a consulting session at your vineyard.

Priming Your Irrigation Systems for the Season (Part 1)

Cyndi

By: Tracey L. Kelley

Irrigation system maintenance is a vast topic of discussion—so much so, to do this article, we needed a team of experts to address it—in two parts. Mark Hewitt, the district sales manager for the ag products division of Rain Bird Corporation in Azusa, California, put it this way: “These are huge topics! People write books about these subjects! 1,500 words? Good luck!”  Yet we understand it’s essential to initiate an open forum periodically to ask about research, various applications or innovations that might help keep your system—and the entire growing season—flowing smoothly.

In the first part of this story, the experts provide tips for what you may need to know immediately to start operations and remedy any issues. In the July-August issue of The Grapevine Magazine, we’ll feature further concepts and suggestions from our experts.

In addition to Hewitt, other people extending their knowledge include:

  • Guy Fipps, Ph.D., P.E., professor and extension specialist of irrigation and water management at Texas A&M University, College Station, Texas; in collaboration with Charles Swanson, extension program specialist, Texas A&M University
  • Jacob Hernandez, CCA, owner, JH Ag Consulting, Santa Margarita, California; in collaboration with James Anshutz, AGH20, irrigation engineer with Netafim USA in Fresno, California; and the Cal Poly SLO Irrigation Training and Resource Center, San Luis Obispo, California
  • Steve Purvins, owner, The Vineyard at Lawton Hall in Bushwood, Maryland, which produces Vidal Blanc and Chambourcin grapes

Let’s Get It Up and Running

Regionality, post-harvest vine vigor, and winter precipitation are all factors determining whether a vineyard irrigation system gets shut down off-season. Some growers close it all off, while others use irrigation intermittently, but still need to check various components. A few growers know by late March if their vines have delayed spring growth due to insufficient water during colder months, and can only plan for next year to enable better health with a post-harvest irrigation plan.  For the majority of producers, it’s time for a spring tune-up. De-winterizing a system follows numerous steps.

  Fipps started the process with the basics:

  1. If the irrigation system was idle all winter, the system should be inspected for any damage that could have occurred. Turn each station on for a cycle and visually inspect each for visible tears or leak in the tubing, as well as dry areas from clogged drip emitters.
  2. While running, also check the pressures and flow rates—if pressure gauges and flow meters are installed—to ensure they correspond to system requirements.
  3. It’s also recommended to flush each drip line for a short period to remove any sediment or biologicals like algae that could have accumulated. Flushing the lines can help reduce problems during the irrigation season.

Fipps added, “All drip filters should be removed and properly cleaned before start-up. If any filter is damaged or unable to be cleaned, it should be replaced. Additionally, for automatically controlled systems, make sure all valves are opening and closing correctly. Valve solenoids and diaphragms can become damaged over time, requiring maintenance or repair.”

Hernandez provided a detailed four-part checklist:

  1. Pump station hardware: start system and make a note of any leaks from broken pipes, couplers and other fittings. Repair and replace as necessary. Exercise manual and automated valves. Clean air vents and replace any damaged units. Check for proper pressure settings of any pressure reducing or sustaining valves.
  2. Filtration systems: Remove screens and pressure wash to remove debris. Treat with a chemical solution to kill biological slimes, then clean and replace. Check sand media and refill and replace as needed. Sand media should have sharp edges—if rounded, replace. Check settings and function of automated backflush system, and make sure differential across filters is less than 10 psi. A properly-functioning filter station is one of the most critical components in maintaining uniformity of drip and micro-irrigation systems.
  3. Check your pump flow rates and pressure monitoring systems for each irrigation block or set. If you’re using a variable frequency drive (VFD), schedule an appointment to have the VFD serviced. Check settings and make adjustments as needed based on current conditions that may differ from when the VFD and pump station were installed. Check flow meters and pressure gauges for accuracy and calibrate or replace any damaged or unreadable gauges.
  4. While the pump is running, check the irrigation set perimeter to make sure all line ends are receiving water and re-attach any disconnected lines. Drive every line to check riser tee screens for debris and clean or remove and replace with plain washers. Check flow rates of emission devices and replace plugged or partially plugged devices as necessary. Check riser tees, couplers and hose ends for leaks, and replace or repair as needed.

“Review the previous season with your irrigation supervisors to understand the most common problems the irrigation team is dealing with,” Hernandez told The Grapevine Magazine. “Plan to fix the biggest issues in a systematic fashion. Often, a simple fix will open up a lot of time for your irrigators and enable them to spend more time on preventative maintenance instead of temporary fixes.”

  Hewitt also offered a multi-check process:

  1. For surface-mounted pump stations, check for leaks, broken or cracked pipes and damaged pressure gauges. Leaking packing glands or bearings need to be adjusted—usually tightened or replaced.
  2. Examine filter stations. Screens and disc filters need to be pulled and inspected for damage and wear. Media filter covers need to be pulled, and their sand checked for cleanliness and quantity. Add new sand if levels are low and also check backflow restrictor valves if sand levels are low. Clean control water filers, too.
  3. Water meters, if present, need to be pulled. Paddle or impeller types should be checked for freedom of movement and re-calibrated if needed.
  4. Clean site tubes, inspect gauges for freeze damage and accuracy and actuate backflush valves one at a time to ensure they open and close completely.
  5. All electric solenoids need to be checked to ensure they’re in good working order—no swelling of coils, plungers move freely, and plungers pull in when energized and deactivated by the controller.

When asked what issues managers sometimes encounter that Rain Bird representatives help them solve, Hewitt said, “We’re asked to troubleshoot everything from the water source to the figure eights at the end of the drip line laterals. [We help with] pumps, filters, controllers, valves, hoses and emitters. Filters are one of the most common problematic components of a low-volume system, especially if it’s over three years old,” he said. “Another common issue is plugged or low-flowing emission devices. Remember, no dripper will ever be as clean as it was when it came out of the factory!”

Purvins uses above-ground drip irrigation tubing suspended 8 inches high on a trellis wire and run down each vineyard row, spaced 8 feet apart. He has 0.5 gallons/hour emitters every 96 inches, and his system is supplied by a drilled well. Since he doesn’t irrigate during the winter, his startup is simple: “I have underground drain valves that I use to empty the lines before winter. I just check that all valves are closed in the spring before using the system.”

Handling System Damage Due to Excess Water

Northern California’s heavy rainfall in January and February caused some of the most problematic floodings in 20 years. Areas of the Midwest hit by “bomb cyclones” and significant snowfall melt triggered what scientists at the National Weather Service classified as “major to historic and catastrophic” floods. Some parts of the East Coast are still dealing with the effects of extensive rains and flooding from 2018. We asked our experts: how do these weather events affect vineyards and their irrigation systems?

“In Texas, where most vineyards use drip irrigation, flooding likely will do extensive damage to the drip irrigation system and possibly to pumps as well,” said Fipps.

Hewitt agreed. “This will be a new problem for growers with low-volume drip systems. Areas that were under floodwater this winter that have drip tubing with emitters will need to be very diligent during flushing after the flood waters recede—and some of these drip lines may not recover,” he told The Grapevine Magazine. “Excess water and debris could have entered into the exit bath areas of the driplines. If this material is allowed to dry and harden, most likely no amount of line pressure is going to clean this debris out of the emitter exit pathway.”

Hernandez added, “Flooding could damage infrastructure like pumping stations, pipes and laterals (drip hoses). Carefully inspect any affected equipment. Consider strategies for diverting water to prevent damage from future flooding episodes,” he said. “Additionally, my number one concern would be the impact of flooding events on my soil health. How much topsoil did I lose? What was deposited onto my field? Take soil samples at multiple depths throughout the field and start making necessary amendments as soon as possible.”

In part two of our irrigation system maintenance and upkeep article (Grapevine Magazine, July/Aug 2019), these experts share their views regarding ongoing system checks, typical problems often overlooked, monitoring water quality and critter control.

(Sources)

All listed above, plus:
Western Farm Press
https://www.farmprogress.com/grapes/post-harvest-irrigation-can-help-prevent-uneven-vine-growth-next-spring

Wine Enthusiast

https://www.winemag.com/2019/03/19/how-the-flooding-affected-sonoma-2019-vintage/

Discover
http://blogs.discovermagazine.com/imageo/2019/03/19/satellite-imagery-reveals-historic-midwest-flooding/#.XK4V1th7mCg

Did You Patent that Copyrighted Trademark? Um, No.

Cyndi

Brian D. Kaider, Esq.

Having worked in intellectual property for nearly 20 years, I often take for granted that people have a working knowledge of the different types of IP rights.  That misconception is frequently revealed when a friend or family member (with whom I’ve had many conversations about IP) asks, “didn’t you patent that company’s logo?”  “Well, no,” I explain, “but, I did get it federally registered as a trademark.”  Taking a step back, I realize that it can be quite confusing.  So, this article is meant to introduce the four main types of intellectual property and how they apply to the wine industry.

Patents Protect Ideas – Sort Of

Most people have a general understanding that a patent protects an “invention” or idea.  In a very general sense, that’s true.  But, while Congressional authority to grant patent rights comes directly from the U.S. Constitution (Article 1, Section 8, Clause 8), exactly what is patentable is the subject of tremendous confusion even among federal judges; sometimes requiring clarification from the U.S. Supreme Court.  The purpose behind patents is to encourage innovation by granting exclusive rights to one’s discoveries for a limited time.  In other words, it gives the patent holder a limited-term monopoly on his invention.  Generally, new machines, chemicals, electronics, methods of production, and in some cases, methods of doing business, are eligible for patent protection.

Ideas alone, however, are not patentable.  They must first be “reduced to practice,” meaning that either the inventor must have actually created the invention or have described it in sufficient detail that someone skilled in that area could follow the disclosure and create it themselves.  So, one can’t get a patent on a time machine, because (at least for now) no one has figured out how to defy the time-space continuum.  In addition, to be patentable, ideas must be novel, meaning that no one else has ever disclosed that idea before, and non-obvious, meaning that the idea cannot be an obvious variant on someone else’s invention.

Given that humans have been making wine for thousands of years, one might think that coming up with something novel in the winemaking process would be impossible.  Not so.  In preparation for this article, I ran a quick search of patents containing the word “wine” in the title and got 1184 hits.  Some recent examples include U.S. Patent No. 10,124,305 – “Agitation device for red wine production,” U.S. Patent No. 10,113,979 – “Systems, probes, and methods for dielectric testing of wine in bottle,”  and U.S. Patent No. 10,005,993 – “Combined wine fermenter and press.”  Improvements in any area of the wine industry may be patentable including: new types of bottles, decanters, closures, and caps; improved methods of separating grapes from stems; new processing equipment; improved testing procedures; improved packaging; etc.  Essentially, anything that lowers costs between the vine and the consumer, improves the quality of the wine, or enhances the consumer experience is worth considering for patent protection.

One word of caution, however; time is of the essence.  The America Invents Act of 2011, brought the U.S. in line with most other countries in being a “first to file” system, meaning if two people develop the same invention, the first to file for patent protection wins, regardless of who first came up with the idea.  Also, any public disclosure of your idea (such as a trade show) starts a 1-year clock to file or you may lose your eligibility for patent protection.

Copyrights Protect Creative Works

The authority for copyright protection stems from the same section of the U.S. Constitution as patent protection, discussed above.  Our founding fathers recognized the valuable contribution made to society by authors and artists and, therefore, sought to encourage creative expression by providing protection for artistic works.  Examples of copyrightable materials include, books, paintings, sculptures, musical compositions, and photographs.

Unlike inventive ideas, which are only protected when the government issues a patent to the inventor, copyrights attach at the moment the artistic work is “fixed” in a tangible medium.  So, for example, if a composer develops a new musical score in her head it isn’t protected, but the moment she translates that tune to notes on a page or computer screen, it becomes protected by copyright.  In order to enforce that copyright in court, however, it must be registered with the U.S. Copyright Office.  While it is possible to wait until an infringer comes along before filing for registration, doing so can severely limit the damages that may be available to the author of the creative work.  So, early registration is the better course.

In the wine industry, copyright issues often crop up with regard to who owns the artwork contained within a label or marketing material.  Generally, the author of a work owns the copyright.  But, if an employee of the winery, acting within the scope of their employment, creates an image that the winery owner incorporates into its labels, that picture is considered a “work made for hire” and is owned by the winery.  Where disputes often arise, however, is if the winery hires an outside artist or a branding agency to develop the artwork.  In that case, the winery should include language in its contract requiring assignment of all copyrights to the winery for the created artistic works.

Trademarks Protect “Source Identifiers”

People generally associate trademarks with the protection of a brand.  In more technical terms, what a trademark protects is a “source identifier.”  The purpose of trademark law is to protect consumers from being misled or mistaken as to the source of a product.  So, for example, if a consumer sees a pair of shoes with a certain famous “swoosh” image on the side, they should be reasonably able to assume that pair of shoes was manufactured by Nike, Inc. and was made with the same degree of workmanship and quality that they have come to expect from that company.  That “swoosh” symbol, therefore, acts as a source identifier to tell the public that the product was made by Nike, Inc.

What may function as a trademark can be quite broad, including: the name of the business (e.g., Sterling Vineyards®), a logo (e.g., the “swoosh”), a color (e.g., the Home Depot orange or the UPS brown), even a scent (e.g., Verizon owns a trademark on a “flowery musk scent” it pumps into its stores to help distinguish them from competitors’ environments).  However, slogans, words, and images that appear merely as decoration will not qualify for protection unless the applicant can demonstrate that the item has achieved “secondary meaning,” i.e., that the public has come to associate that item with the manufacturer.  For example, in the 1970’s McDonalds used the slogan, “You deserve a break today” in its commercials and other advertising.  People came to associate this phrase with McDonalds and in 1973 they were granted a trademark registration.

In general, marks also cannot be descriptive of the product or geographically descriptive of the source in order to be registered as a trademark.  For example, one could not obtain a registration for just the words “Red Wine.,” because it simply describes the product and does nothing to differentiate it from every other red wine on the market.  Similarly, an attempt in the year 2000 to register the name “Napa Valley Winery” was refused, because the applicant could not demonstrate that people had come to associate that name with its business as opposed to the hundreds of other wineries in Napa Valley.

Trade Secrets Protect Valuable Confidential Business Information

Unlike other forms of intellectual property, there is no registration system for trade secrets, because, by their very nature, they must be protected from all unnecessary disclosure.  Trade secrets can be just about anything that is confidential to your business and gives you a competitive advantage.  Some examples, include recipes, client lists, manufacturing processes, marketing plans, and client lists.

One of the most famous trade secrets is the formula for Coca-Cola, which has been kept secret for more than 130 years, sometimes through extraordinary measures.  In 1977, The Coca Cola Company withdrew its product from India, because in order to sell there, they would have had to disclose the formula to the government.  They decided it was more prudent to forego sales to one of the biggest populations on earth rather than risk disclosure of their secret recipe.

Protecting trade secrets requires constant vigilance in two ways.  First, the information should only be disseminated to people within the company, or outside consultants, who need the information in order to perform their duties for the company.  Second, those few people who are given access, should sign non-disclosure agreements with harsh penalties for breach of their duty of confidentiality.  Once the information gets out, it’s nearly impossible to un-ring that bell, so there must be severe financial consequences to someone who leaks the information.

Conclusion

While patents, copyrights, trademarks, and trade secrets are four distinct forms of intellectual property and serve different functions, sometimes more than one form of IP can apply to the same item.  The business advantages and disadvantages of each form of IP should be weighed to determine the best course of action.  For example, a product’s life-cycle may have a lot to do with whether a company chooses to protect how the product works through patent or trade secret.  If the innovative feature relates to a cellular telephone device, patent protection is probably the best course, because by the time the patent expires and a competitor could use the technology, it will likely be obsolete.  Conversely, a novel process in fermenting wine may have value long after a patent would expire and would, therefore, be better suited to trade secret protection.  A knowledgeable intellectual property attorney, engaged early in the process, can help develop the most effective strategy to protect your valuable intangible assets.

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.

bkaider@kaiderlaw.com

 (240) 308-8032

Is Your Facility Ready to Host Events?

Cyndi

By: Markel Insurance

glasses of wine in a buffet

As the spring season brings new life to the vineyards and offers opportunities of growth, so too are winery owners looking for new growth in their operations with increased sales.  Having a great experience at a winery results in improved customer loyalty, increased publicity and more sales.

One way to maximize your public exposure is by hosting events.   The activities can be small and simple such as an acoustic guitar on the back patio or larger concert exposures.   Events can include wine club dinners, fund raisers, vendor shows or weddings.

In planning for the events that will best suit your operations and facility, several key elements should be reviewed to help minimize losses and protect your assets.  Understanding your target market and what activities are best for you are as unique as each blend of wine.  Current markets have several popular events, including yoga stretch and sip; Wine Paint and Pour; Races through the vineyard or even a vendors “farmers market” offering local crafts and products.

There are the tried and true, more traditional activities expected at a winery with Crush or Harvest festivals, pickin’ party, club dinners and weddings/shower events.

You should consider the space needed based on the anticipated number of participants and any specialty needs, including tables & chairs or tents, rental equipment, caterer or DJ/vendors.

Once you have an idea on the type of event that will appeal to your demographics, a quick checklist can be reviewed.

Facilities Checklist for Hosting Events:

  • Is the use/occupancy rating for the property acceptable for the type of event?
  • Will you be able to provide adequate staffing for supervision?
  • Is there clear signage for acceptable vs restricted access areas?
  • Are there any ADA compliant concerns at the facility?
  • Based on the attendance expectations, will there be enough bathrooms, trash cans, water stations, shade/covered areas?
  • Are the electrical demands up to code? Who manages the setup and takedown for stage and dance floor exposures?
  • Is there emergency personnel on site?

Slip, Trips and Falls

Liability losses related to the facility most commonly relate to the slip, trip or fall category.  Not to underestimate the severity of what seems to be a simple loss cause, the following claim shows a good illustration of what can happen.

  Real-life claim example: A small concert event on a patio that required additional electrical power and resulted in cords running along the open patio.  A trip and fall occurred resulting in a fractured hip.  A surgery turned into an infection, causing a second surgery and extended recovery time.  With lost wages alone, the price was rising, and when finally settled to include medical, the shared cost was nearly $1.7 million.

Parking

Parking can be an often overlooked, but it is an important influence on the experience of the customer because it can be the first and last impression for any event.

Parking Factors to Consider

  • Is there adequate parking based on the number of attendees and is it easily accessible?
  • Always consider the path for emergency vehicle access (fire trucks, police cars, and ambulances).
  • Should local authorities be notified of the event and to help route the traffic flow in and out of facility.
  • Make sure the parking lot is clear of debris and free of obstacles with clear walking areas outside of traffic pattern.
  • Verify all areas of the parking log are well-lit for evening use and not susceptible to rain or vehicle being stuck.
  • Have clearly marked flow patterns and parking lanes help eliminate confusion and frustration.
  • Determine if you will have attendees directing traffic, or will be offering valet parking or any shuttle/transportation.

  Real-life claim example: Parking mishaps may leave you exhausted, or exhaust-less.  A vineyard/winery cleared a small lot to have as overflow parking for their outdoor event.  A small tree stump remained and although not a concern for the tractor or owners pickup truck, was not concealed enough to avoid damaging the exhaust systems of several customers that parked in the field lot.

Security

Depending on the size of the event, the responsibilities of the host grows with increased attendance.  When managing crowd control, do you rely on winery staff or opt for hired security.  Are there any weapons carried by other than law enforcement?  Do you hire off duty local law enforcement or an independent contractor.  Rules and procedure should  be clear relating to checking coolers and bags; not allowing any outside liquor; and restricted areas, especially where there is an attractive hazard, i.e. – open barns, fire pit, swimming pool/fountain/pond.  As an aside on fire, any open flame, fire pits, bon fires, outdoor grills, burgers and s’more’s cooker should be reviewed to make sure there are proper barriers, clear space and storage of combustibles.

Contracts and Certificates

Contracts and certificates should be in place for all vendors, caterers, artist, or instructors.  Each certificate of insurance should be from an  A rated or higher admitted carrier with limits equal to or greater than your limits, naming you as an additional insured, owner of premises.

Pets

People love their pets and pet lovers typically believe that everyone else should also be a pet lover, especially their pet.  From an insurance standpoint, it is not recommended to have pet friendly events.   If pets are allowed is there restrictions to be on leash or in designated areas.

Is the vineyard dog allowed to mingle in the crowd, “unsupervised?”

Know the difference between a professional service animal and a therapy pet and have clear rules so that you avoid an issue of selected acceptance or exclusion and can rely on your policy language.

Minors

Although minors may not be the norm for the tasting room, family friendly events can bring in a broad age range.   Have you crawled through your facility lately?  What may be obvious to an educated adult, may not be as clear to a child.  Locks and barriers are better than signs alone.  Have staff training to look for hazards and anticipate a lack of parental supervision.  Most wineries are not suitable as a daycare operation and should not have any childcare exposures.

Miscellaneous Exposures

  Evening Events: As a general rule of thumb, liability goes up when the sun goes down.  For many reasons, whether it be the time element of consuming more alcohol or just the visual difficulties to recognize hazards, losses are more likely as events run into the evening hours.   Having events that are shut down by 10:00pm would be considered a good practice and depending on your coverage carrier, may be a requirement.

  Cyber Security: Cyber / data breach coverage can include storing the credit card information for your club members, but can also apply to online purchases and any ticket sales for events.

  Private Events: When dealing with a special private event such as a Wedding or private party, clear contracts are the key.  The greatest frustrations come for unmet expectations.  Make sure all parties know what is being provided and what the expectations are for contracts, payment, timeframes or services.

  Real-life Claim Example: A facility that was not closed to the general public during a wedding event.  There was no clear detail on a separation of the wedding party areas vs the public access tasting room area.  In a clash of Party vs Public, tempers rose, words were cast and a white wedding dress is now a shade of cabernet.

Conclusion

This checklist is not all inclusive for all the unique elements to all event types.   The checklist should be a starting point for your facility.  Before hosting more events at your facility, review what type of events will be the best fit for your situation to provide a great experience for your guest.  Try to create events that will have a positive marketing buzz and will also increase your income while minimizing your exposures to loss.

The information provided in this article is intended for general informational purposes only and should not be considered as all encompassing, or suitable for all situations, conditions, and environments.

  Please contact us or your insurance professional if you have any questions. Products and services are offered through Markel Specialty, a business division of Markel Service Incorporated (national producer number 27585).  Policies are written by one or more Markel insurance companies. Terms and conditions for rate and coverage may vary.

For More Information Please Call Us At…800-814-6773, or Visit Our Website: markelinsurance.com/winery