individual signing contract

The Contract Packaging Agreement

By: Brad Berkman and Louis Terminello, Greenspoon Marder

A few times on these pages, we’ve written about contracts of various types to assist brand owners in proper planning for brand manufacture, introduction and distribution. In this article, we’ll take something of a deeper dive into production agreements in a contract package or custom crush arrangement.

  First, building a winery, and perhaps developing a vineyard, is an extraordinarily time-consuming and expensive process. Returns on investment may take many years to see back. In addition, winemaking (as well as brewing and distilling), is a manufacturing process that requires great deals of expertise, technological know-how and a deep appreciation for the art form. Taking a brand to market and getting placed on wine lists and by-the-glass programs require a very different set of skills. Enter: the brand owner and the contract package relationship.

  It’s worth noting that brand owner, though a common term in the industry, is also a term of art in the beverage law. Since the writers of this article are striking their keyboards in Florida, we’ll refer to Florida Beverage Law for quick analysis.

  561.42 FL. Stat. makes the first reference to “brand owner” in the Florida Beverage Law. The statute is Florida’s tied-house evil statute prohibiting direct and/or indirect interests between upper-tier industry members and retailers. Brand owners are lumped in and treated similarly to manufacturers, distributors, importers, primary American sources of supply, registrants, and/or any broker or sales agent or salesperson. By this definition, brand owners, absent the presence of a statutory exception, are treated as upper-tier industry members and subject to tied-house laws and restrictions. This is generally true in all states.

  Brand owners, when appropriately licensed, are permitted to enter into contract packaging agreements with manufacturers. Both are upper-tier industry members and certain tied-house restrictions are inapplicable. Prior to finalizing the production agreement, a federal wholesalers permit is required, as issued by the Alcohol Tax and Trade Bureau (TTB), and in many instances, state permits are required as well. The reader should keep in mind that an alternative licensing paradigm exists called an “Alternating Proprietorship” arrangement where the brand owner, via a different licensing scheme, acts as a tenant of the winery and produces its own product on the winery’s premises. This article will focus on the former arrangement.

  Negotiating and finalizing the terms of a production agreement can be a daunting task. The brand owner and manufacturer share a common goal, but agreeing on the terms which will lead to the goal of a final product could be challenging generally because of the bargaining positions and goals of the parties.

  What follows is a look at some of the essential terms of a contract package or custom crush agreement that both parties to the contract should consider carefully. By no means is this an exhaustive list, and competent alcohol beverage contract attorneys should be retained to assist.

•             Quantities and Pricing:  Total quantities produced under the agreement require careful consideration, and for the brand owner in particular. There must be a meeting of the minds on production levels prior to focusing on other areas. Brand owners should be careful not to enter into agreements where production quantities and commensurate pricing/costs are higher than anticipated sales over the same time period. Managing brand building resources against production costs is essential. Phrased another way, brand owners should carefully manage their production dollars to ensure the required monies are available for marketing and sales spends.

                  On the flip side, manufacturers must consider the volume expectations of the brand owner. They must consider whether they can meet the production requirements of the brand owner. In the alternative, they must carefully consider allocating valuable production time to brand owners whose volume requirements are too low, which ultimately cuts into revenue potential.

•             The Juice:  Manufacturing services need to be clearly stated. The parties need to determine whether the winery will actually be producing and supplying the wine to be used or if it will be outsourced from a different winery and bottled at the contract packer’s premises. Quality specifications need to be determined and assurances need to be made that the end product will comply with quality standards established by the parties. By extension, provisions should be included for how to deal with a finished product that does not comply with agreed upon quality standards.

•             Raw Goods and Production Material:  Any ingredient specifications, if required, should be determined, agreed to, and set forth in the agreement. As with the above, finished product assurances (as to quality) should be included, as well as methods for dealing with materials not in compliance with quality standards.

                  The same should be considered with production materials. Bottles, caps, labels, cases and other constituent parts must be considered. Central issues such as how these items will be procured, that is whether the winery will procure these items and build their costs into the finished product or whether the brand owner should source them out and supply these items as required. Quality assurances need to be addressed as well, and in particular, how to manage materials that do not comport with quality standards.

                  Another seemingly innocuous issue is storage fees associated with the storing of raw goods and production materials at the packager’s location. Associated costs for storage services should be memorialized in the agreement. Hidden or undetermined fees may add up quickly, causing revenue issues for the brand owner and could potentially lead to disputes among the contracting parties.

•             Exclusivity and Production and Supply Goals:

                  Serious consideration must be brought to the issue of exclusivity by both parties. Brand owners need to determine early on whether a potential contract packager has the ability to supply all the requirements of the brand owner. Conversely, the packager must also make honest inquiries as to its ability to produce and pack according to the brand owners’ requirements. Generally, the preferred approach is the middle ground.  That is to say, a reasonable production number based on the brand owners’ requirements and the contract packer’s ability to produce should be agreed upon and memorialized in the contract packaging agreement. Under this scenario, both parties have a reasonable expectation as to their respective performance requirements under the agreement and an understanding of the benefits incurred. The issue of exclusivity could become moot, if the production and supply numbers are agreeable to both parties.

•             Production Forecasting and Scheduling:  Another area for the parties to agree upon prior to execution of the agreement, is anticipating production needs over time to ensure that the packer can produce according to a set schedule and the brand owner can rely on goods being ready according to their sales and marketing needs. Anticipated variances and procedures for adjusting product forecasts and scheduling should be memorialized as well.

•             Recall:  A system and procedures for recall should be established and memorialized as well, with allocation of costs based upon the reasons for recall. Recalls may occur for myriads of reasons, and when addressing this issue parties to an agreement should devise a method for determining the cause that led to recall. It should be clear that determining cause guides the parties in allocating costs for the same.

  Contract packaging agreements can be complicated agreements to negotiate and draft, requiring many more provisions than those stated above. Ultimately, agreeing on terms that satisfy the operational requirements of both parties is ideally supported by the legal protections required by both parties. As a word of warning, take care in proceeding forward with these types of agreements. Having experienced legal counsel involved is the most prudent course of action.

Fog Crest Vineyard: Breaking Barriers While Leaving a Legacy  

man and woman on deck holding wine glasses overlooking vineyard

By: Gerald Dlubala

In 1996, Rosalind Manoogian and her husband, James, decided to purchase an apple orchard that had been neglected and in disrepair. The orchard was beyond its usefulness, and the choice was to clear it out and replace it with a vineyard that one day might sustain itself through grape and wine production. That initial vision has been realized in a big way for Rosalind Manoogian, president and current majority owner of Fog Crest Vineyards. Manoogian is the first Black female owner and operator of a winery in Sonoma County, California, producing world-renowned, ultra-premium, chardonnay, pinot noir and pinot rosé wines.

  “Prior to us moving here, the land was known for its apples. Before that, it was hops,” said Manoogian. “Grapes were just becoming the hot market when we moved here, so as the property manager, we wanted to do the right thing and follow the market, so growing grapes was a no-brainer. And let’s face it, growing grapes and making wine is sexier than the other options. Since the orchard was past its usefulness, so we spent the first year clearing, cultivating and getting the land ready for grapes. Next, we put in rootstock, then over time, we put in the vineyard, which was 10 acres evenly split between chardonnay and pinot noir vines.”

  Fog Crest Vineyard was founded the following year, in 1997. Located in the Russian River Valley of Sonoma County, California, Manoogian chose the Fog Crest name to pay homage to the dense fog that blankets the valley. The location and terroir of the vineyard is optimal for grape growing. Its rolling hills with a south/east exposure and sandstone-based soil offer excellent drainage and full morning sun. Combined with the cool morning fog that promotes slow ripening, The property had all the essentials for producing premium grapes.

Old-World Tradition Meets Modern Technology

  Fog Crest Vineyard celebrated its first vintage in 2005. Manoogian said that while the Russian River Valley’s soils have become recognized as some of the world’s best for cultivating extraordinary chardonnay and pinot noir grapes, they complement that with a combination of old-world traditions, meticulous viticultural practices and modern technology.

  “We use the most modern grape-growing techniques available while staying true to tradition in what we produce,” said Manoogian. “If you try our chardonnay, you get a definite sense of the wine’s traditional nature and structure. We aren’t trying to think outside the box. Our goal always has been and continues to be producing the best ultra-premium chardonnay and pinot noir wines available.”

  Fog Crest Vineyard’s chardonnays and pinot noirs are hand-harvested in the early mornings to keep the fruit cool. They are meticulously tended to during fermentation and bottled unfiltered after months of intentional care. The winery garnered immediate praise in its early stages. Its grapes were used by renowned winemakers and also bottled under the L’Ancien Verger Vineyard label.

Learning the Business with Help from Mentors

  Manoogian admits that she initially had no idea what she was getting into or what she should do to get started. Starting as a wife in a supporting role, she became thoroughly involved and in charge of the sales aspect by 2009. She went back and educated herself about all aspects of the wine business and the art of selling. Manoogian spent three to four years traveling around the U.S. and Canada selling wine and laughed while recalling some of her adventures while learning about and performing the various roles of the vineyard production employees.

  “I was always trying to learn,” said Manoogian. “Along the way, I’ve had, and still have, so many helpful mentors who themselves came from all different backgrounds. That was important and very reassuring as I came from a different background with no agriculture or hospitality experience. Some were mentors from the beginning; others became mentors along the way. There were people who were very kind to me, and that kindness allowed me to learn all aspects of the business, from the farm through production to the table. It was an amazing and fun process, but it was also extremely arduous. I took every opportunity to learn nearly every job within the winery, including picking grapes. And I can tell you that I have nothing but mad respect for our employees because that’s a job that I do not look forward to doing again. Honestly, I’m sure that most days, they were ready for me to get out of their way and stop holding them back. But now I know and understand how all of that works, and I’m good with it.”

A Winery Is a Business of Continuously Moving Pieces

  “It’s all part of the process to be able to learn and grow, and for us, I think the last three years have brought about a happy medium of being in business,” said Manoogian. “The tasting room was a big deal for us and me personally. We opened it in 2014, and that meant that people would now travel to come into my space. Not only did they come, but they would also mention that, yes, they knew and recognized our brand and loved it. It was so exciting to hear that, and it made a huge difference in how I viewed owning not only our space, but now also owning a place for others to visit. We grew from that moment.”

  “Over the past years, the wildfires that affected our tourism and the pandemic have made it very challenging for us,” Manoogian continued. “We had to recommit again and figure out how to occupy this place in the way that I wanted to, including our tasting room. I had to figure out a marketing plan on so many different levels, whether it’s social media, print, or being involved in television ads for county tourism. All these pieces go together, and without utilizing all of them, I don’t feel that you’re going to be successful in today’s market. You have to understand that this is what is required right now. No one tells you that at the beginning. I’m at a place where I can tell people that now, but even as recently as two years ago, I wouldn’t have been able to explain that to anyone. It’s not like this type of information is readily available, and frankly, it changes daily. There are a lot of grapes and tasting rooms out there, so you have to figure out how to constantly improve and up your game, no matter what size vineyard or winery you have. You’ve got to make that happen.”

Being Authentic Is Always the Right Thing to Do

  “I have to be who I am,” said Manoogian. “I’m always going to focus on the things that brought us into the business and what we care about. So, if I do that, I feel like I’ve met my mission. I’m not going to be able to meet everyone’s goals and desires, but if I focus on those things, I feel like I’m reaching and occupying the space where I want to be.”

  “For us, that means we honor the great history and high expectations of the Russian River Valley wineries by making ultra-premium chardonnay, pinot noir and rosé pinot noir,” she elaborated. “Some of the best pinots come out of the Russian River Valley American Viticultural Area (AVA) of Sonoma County, and we are honored to be a part of that group and its history. This space is so unique that although it gets credit from those who know, I still feel like it doesn’t get the credit it should. For the rest, it’s just a conversation about whether you like my wine, and that has to be enough for me right now. It’s about finding and defining what you do best and then doing that to the best of your abilities.”

Working for Legacy

  Fog Crest Vineyards is the only female Black-owned winery in Sonoma County. Manoogian is currently the majority owner and president of Fog Crest Vineyards. However, that will change by the end of this year, when she will take over 100 percent ownership of the vineyard and become president/CEO of the entire corporation. And it doesn’t end there. She has another brand that she expects to be released later this year as well.

  “I also own my land,” said Manoogian. “That’s pretty much unheard of here. We were lucky enough to get here at a time when we could buy the land. But I love this project, and I have grown throughout. Through it all, I am ultimately working for my legacy. I have two daughters and two granddaughters, and I want to build something they can look at and be proud of. I want them to understand why we put in so much effort to reach this point. I do this work right now not because I want to but because I have to.”

  Fog Crest Vineyard has won numerous awards in the gold and silver categories. It is located on a picturesque 30-acre plot in the Russian River Valley in Sonoma County. The vineyard is celebrated for its signature wines, including pinot noirs, chardonnays and a unique pinot noir rosé. All visits require a reservation.

  To contact or learn more about Fog Crest Vineyards and their ultra-premium wines or Rosalind Manoogian’s story of breaking barriers and setting new standards in the winemaking industry, head over to:

Fog Crest Vineyard

7606 Occidental Road,

Sebastopol, CA 95472

(707) 829-2006

info@fogcrestvineyard.com

www.fogcrestvineyard.com

staff holding wine bottle and glass in vineyard

Exploring the Varieties of Oregon’s Pinot Noir Wines

By: Becky Garrison

In 1961, Richard Sommer planted pinot noir vines along with other varieties at the HillCrest Vineyard in Roseburg in Southern Oregon, thus establishing HillCrest as the state’s oldest currently operating estate winery and vineyard. UC Davis graduate David Lett followed suit four years later by planting both pinot noir and pinot gris at The Eyrie Vineyards in McMinnville, situated in the heart of Oregon’s Willamette Valley.

  Since then, pinot noir grapes have emerged as the dominant wine grape grown in Oregon. According to the Institute for Policy Research and Development at the University of Oregon’s 2022 Oregon Vineyard & Winery Report, 26,648 acres of pinot noir grapes were planted out of a total of 44,487 acres. From these plantings, the Willamette Valley produced 61,928 tons of pinot noir fruit, with the Rogue and Umpqua Valleys producing 14,490 tons. (The Oregon Wine Board underwrote and managed this report on behalf of all Oregon wineries.)

  Terry Brandborg of Brandborg Vineyard & Winery (Elkton, Oregon) offers a succinct summary of this elegant grape that originated in the Burgundy region in France:

  “Pinot noir has everything you could want in the glass — great red fruits, ripe cherries and raspberries with red plums. The color is typically not dark red, but in the mouth, it always surprises with its full body, flavors and textures. One writer once described our pinot noir as “elegant and seductive with a feminine grace.” It is a great accompaniment to a great variety of foods, including cheeses, grilled salmon, lighter meats and savory brined pork”. 

The Growth of Oregon’s Pinot Noir Wines

  As Karen McNeil reported in The Wine Bible (Workman Publishing, 2022, 3rd Edition), one of the key drivers behind the vast improvement in Oregon wine in the 2000s was the widespread implementation of so-called Dijon clones. “Named after Dijon, the city in Burgundy where France’s ONIVINS plant materials laboratory is located, the numerous Dijon clones (with exciting names like 115, 667 and 777) are heralded for their complex flavors and ability to ripen fully in cool climates. In addition to Dijon clones, Willamette Valley pinot noirs are also often made from the Pommard clone, another well-suited clone from Burgundy.” Other clone varieties planted in Oregon include Wadenswil and Mariafeld.

Blending Pinot Noir Clones

  The specific clones tend not to be listed on a bottle of pinot noir, though one’s skill as a winemaker can be seen based on the selection and blend of the specific clones used in a given release. On their website, WSET (Wine & Spirits Education Trust) states that the world’s greatest winemakers relish the opportunity to blend wines from different grape varieties, vineyard parcels, and barrels each year. “Masterful blending is an art form comparable to a Michelin star chef creating the perfect dish or an elite conductor crafting an exquisite symphony. It lies at the heart of the world’s greatest wines, from Bordeaux and Champagne to Rioja and Super Tuscans.”

  As a means of educating consumers about the blending process for pinot noir wines, Willamette Valley Estate Vineyard in Turner, Oregon decided to give consumers a very hands-on tangible blending experience through their blending machine that shows them how different wine profiles can be. The unique system was invented for Willamette Wineworks in Folsom, California, and modified by Willamette’s Research & Development Manager David Markel. It was a hit at their Folsom location, so they adapted the fun to their Salem Hills and Vancouver Waterfront locations. In their estimation, “Blending adds texture and complexity to wine and allows winemakers to balance wines with body and acid, a hallmark of Oregon wines. Blending can help to maintain consistency so wine enthusiasts can rely on flavor profiles from their favorite wine producers.”

picture of vineyards with setting sunlit sky

Willamette Valley Pinot Noirs

  Initially, skeptics dismissed Lett’s initial planting of pinot noir grapes. The prevailing wisdom at this time viewed this region as unsuitable for growing this particular varietal.

  According to a much-touted popular myth, the Willamette Valley emerged as a premier location for producing pinot noir grapes because it sits on the same latitude as Burgundy, replete with a similar cool climate. Mallory Smith, co-founder of Sunday School Wine, debunks this myth by pointing out that the Northern Rhône is the region in France that sits at a similar latitude to the Willamette Valley, not Burgundy. Hence, it’s not the latitude but the combination of the climate, the soil and the dedicated winemakers that combine to produce world-class Willamette Valley pinot noir wines. Smith opines, “Why do we still feel the need to rely on a Burgundy story (and an untrue one at that) to validate our wines? Let Oregon be Oregon!”

  This region, which stretches from north of Portland to just south of Eugene, is protected from the extreme heat via the Cascade Range to the east (and cooled by the Van Duzer winds through the corridor straight off the ocean) and the Coast Range Mountains on the east producing rainstorms with cooling breezes emanating from the Pacific Ocean. Overall, the region experiences a long and gentle growing season due to warm summers that cool down in the evening, followed by relatively mild winters and long springs. Also, most of the rains tend to fall when these vines are dormant. This slow ripening coupled is key for producing top-notch ripe and fruity pinot noir grapes. As evidence of this area’s commitment to sustainability practices, the Willamette Valley is home to the largest concentration of B Corp Certified wineries than any other region in the world.

picture of vineyards with mountain in the background

  Since the formation of the Willamette Valley AVA in 1984, this region has grown to encompass 1,116 wineries and 1,476 vineyards, with a total planted area of 27,202 acres out of a total area of 3,438,00. To acknowledge the unique characteristics of smaller regions within the Willamette Valley AVA, six nested AVAs were formed in 2002, and the 11th nested AVA was established in 2022. Pinot noir grapes dominate the vineyards, accounting for 70 percent of all grapes grown in the WV, followed by pinot gris (16 percent) and chardonnay (7.5 percent).

  Joe Wright, winemaker for Left Coast Cellars (Rickreall, Oregon) has done 28 vintages working with fruit from both the Willamette Valley and Southern Oregon. He produced his first vintage for Willamette Valley Vineyards in 1996 before starting his winery, Belle Vallé, and transitioning to Left Coast in 2011. While the Willamette Valley produces some of the most complex and interesting wines, Wright adds that this region also presents endless challenges in the vineyard. “Winegrowers sit at the edge of our seat every week and month of the growing season anticipating the rise and fall of each vintage, ultimately embracing what’s been given to us…it’s not for the faint of heart.”

  Wright has observed how, in the past ten years, temperatures over 90°F have increased exponentially from, on average, 12 to 20 days per growing season to 20 to 35 commonly taking place now. Also, days of over 100°F were zero to one over the growing season but are now commonly two to five days on average, occurring later into the season. In addition, precipitation has seemingly lessened in the spring and fall on average. Wright can see how these factors take a toll on fruit set and fruitfulness, fruit integrity and disease resistance.

  Aaron Lieberman, Winemaker for Iris Vineyards (Cottage Grove, Oregon), has also made wine with fruit from many of the AVAs in Oregon. Beyond the normal challenges inherent to growing pinot noir, Iris Vineyards Estate is a cool site that can be susceptible to frost damage in the spring. The estate vineyard is located in the coastal mountain foothills at about 1,000 feet elevation.

  Following the 2020 vintage, the price per ton of Willamette Valley pinot noir grapes increased substantially. Iris Vineyards saw an opening in the market for a Rogue Valley pinot noir that could retail between $22 to $24 and still be profitable. General manager David Cordtz looked to source fruit from some of the finest Vineyards in the Rogue Valley. This venture allowed them to grow their overall production sustainably by sourcing fruit. “We have been sourcing fruit from all over Oregon for years.   We sourced pinot noir from Rogue Valley so we could produce a different style of pinot noir, something between Willamette Valley and California, at a price point to fulfill a wholesale opportunity both in Oregon and in many of the 20 states we offer Iris Vineyards wines,” commented Cordtz.

  “These grapes are unique to us for their warm climate provenance. The pinot noir produced from Rogue Valley is a little fuller bodied than most of our Willamette sourced wines and has a bolder flavor profile,” Lieberman observed.

Southern Oregon Pinot Noirs

  Established in 2005, the Southern Oregon AVA may be known for growing warmer-weather grapes, though certain locations within the Rouge Valley and Umpqua Valley sub-AVAS have ideal microclimates for growing pinot noir and other cool-weather grapes.

  For example, Stephanie Pao, winemaker for Foris Vineyards (Cave Junction, Oregon), found their location on the west side of the Rogue Valley AVA at 1400 feet elevation affords them a long, warm growing season that is ideal for early ripening varieties like pinot noir. The specific sites where their grapes are planted are in well-draining alluvial soils that are primarily gravelly or rocky, which restricts growth and tends to produce wines with greater intensity and character. Depending on the timing of phenological events, the wines tend to be fruit-forward (black or red, depending on the vintage) with lower natural acidity than the northern part of the state.

  Rob Ikola of Whitetail Ridge Vineyard (Roseburg, Oregon) and Chris Hudson, Umpqua Valley Association President and owner of Lexème Wines (Elkton, Oregon), observe how the Umpqua Valley AVA enjoys enough heat degree days to fully ripen yet achieve long hang time to develop complex wines such as pinot noir. This AVA has a long frost-free growing season with light rains, a large selection of soils, and valleys with a variety of growing conditions. Small, unique microclimates (called the 100 valleys of the Umpqua) create very diverse and unique differences even though the same varietal is grown within a few miles of each other.

  According to Brandborg, pinot noir grapes and other cool varieties thrive in the northern area around the town of Elkton due to the cool, marine-influenced climate. His vineyard receives around fifty inches of annual rainfall, making irrigation unnecessary. Also, the central area to the northwest of Roseburg has a transitional intermediate climate where both cool and warm varieties do quite well.

  In Brandborg’s view, site selection is very important. “Pinot noir is a thin-skinned variety and requires attention in the vineyard, with fungicide spraying as needed to avoid problems. If all of these factors work out together in harmony, world-class wine can be produced,” he reflects.

  Scott Kelley, co-owner/winemaker of Paul O’Brien Winery (Roseburg, Oregon), notes how pinot noir in the Umpqua Valley is a spectacular representation of the best of Oregon. “The balance of power and elegance we showcase in Umpqua Valley pinot noir is rarely seen in other regions. There are so many great vineyard sites yet to be planted,” he observes.

The Rise of Pinot Noir Rosé

  In recent years, pinot noir rosé wines from Oregon have risen in popularity. These wines offer a cool, crisp taste with a refreshing, clean finish that stands out from the sweeter rosé wines on the commercial market. As an example of the range of wine styles that can be made from pinot noir grapes, Brandborg produces a white pinot noir, red, rosé of pinot noir, a methode Champenoise pinot noir and a port-style dessert pinot noir. “People are on a path of discovery about all pinot noir can be and bring,” Brandborg opines.

Family Frenzy in Wine Country

The Case for Kids and Canines

two small dogs riding in car and out the car window is a very large wine bottle and barrels

 By: Susan DeMatei and Nathan Chambers

Let’s kick things off with a dose of reality. We’ve all been there: it’s a bustling Saturday morning in July, you’re bracing for a packed day at the Tasting Room, and Murphy’s Law is in full effect. Two of your staff are out sick; another is off serving the crowd at an art and wine festival downtown. You unlock the door at 10:01 AM, only to be greeted by a frazzled family of five: mom, dad, and three rambunctious kiddos. The younger two are reenacting a wild-west shootout with gravel as ammo, while the third is glued to an iPad, deep in the latest YouTube Kids saga. Mom and Dad look like they’ve just survived a hurricane, and you have a “high-roller” group arriving in fifteen minutes. And then comes the kicker: “Can we bring in our German Shepherd?” You contemplate if it’s too late to call in sick.

Inclusive is the New Black

  If you have yet to hear, exclusive is out, and inclusive is in. Wine Country is in transition. Once upon a time, parents would leave their little darlings with Grandma and Grandpa for a weekend of serene wine tasting. No screams, barks, gravel fights, or corkscrew chases – just pure, undisturbed, oenophile bliss.

  But the landscape is shifting. Gone are the days when only adults graced the vineyards. Millennials and Gen Z are now our primary guests, and they have an entirely different vision of vacation based on their values and lifestyles.

chart reflecting USA fertility rates 1990-2023

The Millennial Way of Life

  Millennials – the primary purchasers of luxury wines – are adulting very differently than their parents or grandparents. Children are no longer “to be seen and not heard.” They incorporate children into their lives rather than revolve their lives around kids’ activities.

  These choices make sense if you consider they marry later, have kids later, and are parenting differently than previous generations. They marry around 30 (compared to Boomers at 23), and the average age for starting a family is between 30 and 34. With 15 years of a career established, they’ve built a firm adult foundation. So, they prefer to incorporate their kids into their activities rather than revolving everything around the kids. “Helicopter” parenting with structured times and schedules has given way to “drone” parenting, where the kids are encouraged to explore and gain confidence with new experiences. The 2023 Annual US Family Travel Survey revealed that 81% of parents plan to travel in the next 12 months, indicating a robust interest in family travel. (Traveling with the family is one of the major tourism trends in 2024). According to Travheir, 44% of millennials with children have traveled together, and 62% have included children under five. Many parents believe bringing along their children is essential for a child’s development. A recent study by the Family Travel Association found that 88% of families believe travel helps children overcome lingering pandemic impacts.

resident population in the united staets in 2022, by generation (in millions)

What Does This Mean for Wineries?

  With these generational changes, families and even pets will become more common at wineries, urban tasting rooms, and, yes, even at events. What is important to realize is that this isn’t laziness, selfishness, or just that they didn’t want to pay for a sitter. Showing up with kids demonstrates their values. They hold their inclusive belief system dear and will not want to see it challenged. In today’s “cancel” society, you might think twice before telling a feisty mom with a large online following that you didn’t want to allow her child on the patio. A quick search on Google will bring you dozens of outraged parents indignantly waiving one-star reviews.

chart showing resident population in the United States by 2022, by generation in millions

Adapt, Don’t Collapse

  This doesn’t mean you need to completely fold to pressure and allow children to run wild. With some forethought, you can make your experiences positive for well-behaved kids and your best adult guests. Wineries are no strangers to pivoting. Rainy day? Clear the bar for indoor tastings. The large group arrives early? Grab that chilled Pinot Grigio and entertain them in the garden while your team preps inside. The same flexibility applies to welcoming families. Happy parents are likelier to join wine clubs, buy bottles, and rave about their experience.

Planning for the Future

  Embrace the chaos and plan for it. Here are some ideas to make your winery more family and pet-friendly:

•    Kid Seating: There are no bar stools for the kids, but maybe some reserved outdoor tables with snacks like applesauce tubes, pretzels, and water. A coloring book and crayons can go a long way in keeping them occupied.

•    Kid Juice Tasting: Offer kids their “tasting” experience with various juices in plastic cups. They can swirl, sniff, and taste alongside their parents, perhaps even jotting down their impressions.

•    Tour Guide Games: Insurance permitting, why not engage kids with a scavenger hunt during tours? Flashlights in the cellar, leading the group – it’s all about making them feel involved and excited.

•    Selfie Stations: Set up a spot for fun photos, including their dog. Parents can share these on social media, and you can create a winery dog calendar as a special gift for wine club members.

•    Doggie Snacks: Go out with dog snack packs, perhaps from a company like Barkuterie. Consider a small, fenced area for dogs to roam off-leash if space allows.

Embrace the Change

  You survived the visit. The family bought four bottles, the kids didn’t set anything on fire, and they’re off to the next winery. Now, it’s time to reflect: what can you do to be more family-friendly? How can you welcome pets while ensuring everyone’s comfort? With some planning, you’ll enhance your guests’ experience and boost your bottom line.

  Susan DeMatei founded WineGlass Marketing; the largest full-service, award-winning marketing firm focused on the wine industry. She is a certified Sommelier and Specialist in Wine, with degrees in Viticulture and Communications, an instructor at Napa Valley Community College, and is currently collaborating on two textbooks. Now in its 12th year, her agency offers domestic and international wineries assistance with all areas of strategy and execution.

  WineGlass Marketing is located in Napa, California, and can be reached at 707-927-3334 or wineglassmarketing.com

Old Mill Vineyard

Big-Time Wines from a Small-Town Winery

sign for old mill vineyard shown in grass and trees

By: Gerald Dlubala

  When it was time to move on from a career in the greens industry, where Kurt Grohsmeyer gained over three decades of experience growing everything from sod to shade trees, evergreens and everything else that grows in the ground, he and his wife Donna planted 400 grapevines on their rural Metamora Illinois property. Little did they know that by going in a different direction and planting grapevines to make wine for personal use and sharing with friends, that just nine years later, in 2014, they would successfully launch their own wine brand, Old Mill Vineyard Wines.

Increased Harvest, Tasting Room Addition Lead to a Full-Time Winery

  “Honestly, I didn’t know what I was doing,” said Grohsmeyer. “We started on 10 tillable acres the first year, with eight different varietals being planted side by side on an acre and a half.

  We just wanted to see what would survive and what wouldn’t. And you know what? Almost everything grew successfully. After that, we planted in increments, adding another acre or two to fill the ten acres. There wasn’t a real plan. The process just kind of morphed into a philosophy of, well, this works, so we’ll add more of it.”

  Grohsmeyer researched the best varietals for his growing zone, meeting with the IGGVA (Illinois Grape Growers & Vintners Alliance) and conducting his own independent research. This gave him direction on which varietals to choose to increase the likelihood of success in his growing zone.

  “The eight initial varietals we planted the first year included four reds and four whites,” said Grohsmeyer. “They all grew well enough to expand each one into their own acre, filling up eight acres. That gave us two remaining acres to add two more varietals.” Another challenge presented itself when it came time to harvest.

  “That first year, we harvested about five tons of grapes,” said Grohsmeyer. “I could handle a little bit of grapes because I initially intended to make some dry-style wines for my wife and her friends. But what to do with the rest was the question. So, I got hooked up with another vineyard in the area and sold grapes to them. From there, everything just took off and exploded on us. We went from harvesting five tons that first year to a harvest of 50 tons of grapes. It was sometimes overwhelming, but that’s when we knew and decided it was time to go full-time with the vineyard.”

  The Old Mill Vineyard averages about 35 to 40 tons of grapes annually. Grohsmeyer still sells some of his grapes to his original buyer, but as his winery, vineyard and on-site tasting room grows in popularity, he finds himself keeping more and selling less.

  “Our buyer is very understanding,” said Grohsmeyer. “He’s the largest producer in Northern Illinois and maybe the state. Actually, he was the one who, while looking at his grapes here, convinced me to take advantage of our scenic views and rolling vistas and build my own tasting room to sell our wines on-site. It was in 2016 that our tasting room, Bent Tree at OMV, became a reality. But as we sell more through our tasting room, we have to keep more of our grapes. We do all our own production, including harvest, crush, fermentation and on-site bottling. Our grapes and wine go from our vineyard to the barn to the tasting room.”

 Scenic Vistas and Comfortable Surroundings Accompany Excellent Wines

  Our place is nothing real elaborate,” said Grohsmeyer. “I still consider Old Mill Vineyard a cottage-type winery and vineyard. Most of the surrounding area is rural farmland, but in contrast, our property features beautiful rolling ground and timber, with a pond and barn setting. I built a tasting room building, planning to have enough seating I’ll ever need. Our tasting room can comfortably seat 30 to 40 inside, and we have as much outdoor seating as indoor.”

  Grohsmeyer tells The Grapevine Magazine that their busiest times start when the weather breaks in spring and last through late fall and early winter when the weather can turn nasty. But the Old Mill Vineyard is a great gathering spot all year round.

  “Our guests and visitors are welcome to come and sit wherever they choose,” said Grohsmeyer. “We can accommodate them indoors, out on the patio or folks are always welcome to bring lawn chairs and blankets to sit and hang out by the pond. We’ve even had people bring bouncy houses for their kids. That’s the situation and atmosphere that we want to promote. Our priority is for everyone to gather, feel welcome and enjoy good wine in our beautiful, well-shaded surroundings. We are kind of hidden from the road. Our entrance is on a corner sheltered by trees, so people tend to drive past a lot without even knowing we’re here. I would guess that some residents of Metamora don’t even know we are here. But once you pull off the road and get here, the landscape changes from the normal cornfields to the beautiful rolling hills of our vineyard.”

Follow Your Passion, Don’t Be Afraid to Experiment

  As happens frequently in the craft or cottage wine industry, what starts as a passionate hobby transforms into a small business. This was the case with Grohsmeyer. But along the way, he never stopped asking questions, seeking solutions or learning the processes for his local growing zone.

    “We started by making dry wines without any real experience,” said Grohsmeyer. “I’m not an experienced winemaker. I never did it before, and I never went to school or had any formal education in winemaking. I’ve never had or followed anyone else’s recipes, and to date, I have only delivered my grapes to two different buyers. But, when delivering grapes, I hung around and helped crush my grapes. I talked to the winemakers and asked questions about what, how and why they were doing the things they did. For me, it was a common sense and straightforward way to gain experience, gather information and learn the initial things in real time that I needed to do from current successful producers in my area. My current buyer has taught me the most of all. I use him as a resource for any questions and have no concerns about following his advice.”

  Grohsmeyer said that when he started making wine, he didn’t have enough vessels to put the wine in and, at the time, didn’t really know where to turn for more storage. He was fortunate to obtain a few used bourbon barrels from a friend’s trip. Grohsmeyer used them to store the excess wine and actually kind of forgot about them for six months. This was back in 2009, before it became the “in” thing to do in the craft wine and beverage market.

  “As it turns out, when we decided to try the wine that came out of them, it was excellent,” said Grohsmeyer. “The wine is a really good, nice dry red with a soft hint of bourbon. Now, this same red wine made from the Chancellor grape that gets aged six to 12 months in used Four Roses bourbon barrels and named Broken Barrel is a mainstay on our menu. It’s a wine for those who say they may not be a wine fan but prefer bourbon. Our Broken Barrel wine often turns non-wine drinkers into fans. It remains in the top two or three in popularity behind our Frontenac Blanc, our youngest and most popular grape. It’s a dry to semi-dry white wine that is a summer best-seller, maybe reminiscent of a Riesling. Everything here is cyclical. Winter and colder temperatures bring more popularity for the heavier reds. But honestly, you can think you made enough of a certain type and then find yourself taking two or three cases to the tasting room every weekend.”

Offering Quality Wine Choices for All Tastes Is Key

  Grohsmeyer said that they started out serving dry wine and continue to draw regular customers for those wines. As their visitor base grew, requests for sweeter wines increased, so Old Mill Vineyard also added those to its wine offerings.

  “Now we run about 60 percent dry and 40 percent sweet,” said Grohsmeyer. “We found that the actual grape varietal isn’t that much of an issue with sweet wines, as long as the proper flavor and sweetness level is there. Currently, we keep about 16 wines on the shelf. Twelve are varietal wines labeled by the grape type. The remaining sweet wines are generally a table grape of any varietal.

  Additionally, we offer a selection of national and craft beer, cider, seltzers, pop and sparkling options for non-wine drinkers. Whenever some of the local breweries get to the point of being able to can their products for distribution, we’ll certainly expand our local brew options.”

Having Fun While Working Hard

  “We are very much hands-on in the entire operation,” said Grohsmeyer.  “And although the work is demanding, both physically and timewise, we are out here still having fun.”

  Grohsmeyer started his winemaking journey at 50 years of age, which he says would probably have most people starting to think about a retirement plan. But he is proud to still be out there every day doing something in the vineyard or other related area. With his wife Donna, they run the Old Mill Vineyard operation from vineyard to tasting room to retail. Donna is in the tasting room every weekend. They have no immediate plans to slow down, as this is their retirement.

  “If you don’t have anything to do, you sit in the chair and gripe about the news or something,” said Grohsmeyer. “We’ll do it until we can’t. Even on days that I can’t get out into the vineyard due to the weather, I’ll still work in the winery or fix machinery. There really is always something to do. And when the vineyard is in your front and backyard, it’s hard to walk away from it.”

  Old Mill Vineyard wines are distributed in local stores, retail outlets and several places in nearby Peoria, about 25 minutes east of Metamora. Tastings also occur at retail liquor outlets, and some smaller customers may buy a case a month to sell to their patrons. Additionally, their wines are available in some local brewery taprooms.

  “You know, we don’t spend any money on advertising, and frankly, there’s probably people in our town that don’t even know we are here,” said Grohsmeyer. “We always believed that word of mouth would be enough, and we remain busy, even surprisingly so sometimes. Sometimes, we’re busier than we want, but we’re certainly not turning people away. That’s obviously what you want as a business. We’ve built up a great group of regulars and gain new ones all the time. One thing is for sure: it’s never the same. Even now, every weekend is a learning experience. And that’s just fine with us.”

  In addition to its inclusive wine line-up, Old Mill Vineyard offers a selection of crackers, cheeses and dips. Guests may also bring in their own food and snacks. Visitors are not allowed to bring outside alcohol onto the property.

  For more information on Old Mill Vineyard and its selection of wines, contact:

Old Mill Vineyard

700 Coon Creek Rd.

Metamora, Illinois 61548

(309) 258-9952

OldMillVineyard@msn.com

Planning to Purchase a Vineyard?

Important Plant Health Issues to Take into Consideration

grapevines on a fence

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

As many of you already know, I am a plant pathologist consultant specializing in the detection and control of grapevine diseases. The diseases work with are those that are graft transmitted but are also can spread in the vineyard.  Once the vines are planted, these diseases cannot be cured using chemical or other means.  It has happened too many times that I am called to determine what is wrong at a vineyard.  The story goes sometimes like this, “we purchased the vineyard in the winter, so we were unable to see any tell-tale signs of disease”, “we consulted with our county officer and s/he said things looked OK”; We really were not thinking about disease, we fell in love with the beautiful setting and the house”; “We did not know that red foliage is an indicator of virus infection”; the scenery in the fall season is an explosion of colors, so beautiful, so romantic”.  I can go on and on with more quotes buttthink that you understand the problem.  I wish these people would have called me before they purchased the vineyard.  Now it is a bit late.

  In this article, I will highlight issues that can become a problem after a vineyard purchase.  It is my hope to educate the reader and encourage them to contact me prior to signing the purchase contract to allow a thorough evaluation of the vineyard health status.

The Best Time to Inspect a Vineyard for Disease Presence

  As mentioned earlier I will only focus on graft transmitted diseases that cannot be cured once established in a vineyard.  Diseased grapevine plants may display different symptoms of infection  at different times of the year or seasons.  Early in the spring  and summer months it is easy to spot diseases caused by declining bacteria (i.e., Pierce’s disease, crown gall), fungi (Eutypa and Bot canker, black foot, etc.), and viruses (fanleaf and other nematode transmitted virus species).  In late summer or fall, viral diseases that cause leaf reddening and a variety of color schemes (leafroll, red blotch, Vitiviruses) can be observed.  To complicate matters, these diseases or their disease-causing agents can be found in all sorts of combinations.  Further, some of these diseases show almost exactly the same symptoms, in all cases a knowledgeable plant pathologist will be required to help identify the issue or recommend testing, especially when no symptoms are present due to seasonality.

  Below I describe some of the most important diseases likely present in vineyards:

Bacterial, Fungal and Viral Pathogens Best Detected in the Spring

Petri Disease, Young Vine Decline, Esca:  The disease in young vines, known as young vine decline, is caused by Cadophora, Phaeoacremonium, and Phaeomoniella species.  In older vines, the same fungal pathogens are associated with Esca disease.  The disease is chronic when vines express a gradual decline of symptoms over time, or acute when the vines decline and die within a few days.  These acute symptoms are known as the apoplectic stage of the disease. It is not uncommon during the apoplectic stage of the disease to see dead vines carrying mummified grape bunches.

Canker Diseases:  Various pathogens can cause canker symptoms, large discolored areas in trunk and canes, in the vineyard. Bot-canker or dead arm disease is caused by different species in the Botryosphaeriaceae family. Eutypa dieback is caused by different species in the Diatrypaceae family.  In my lab we characterized Seimatosporium species as a fungal pathogen that causes decline and cankers in grapevines, but within the same fungal group others have reported Pestalotoipsis and Truncatella to cause disease in grapevines. The canker symptoms observed in the sections of affected cordons or trunks in grapevines may appear to be similar but caused by unrelated fungal species.

Black Foot Disease:  Species of Campylocarpon, Cylindrocladiella, Dactylonectria, and Ilyonectria (previously known as Cylindrocarpon spp.) are the causal agents of this complex disease.   These fungi are soil-born and most active on compact soils with poor drainage.  Symptoms above ground can be indistinguishable from young vine/ Esca disease described above.  Additionally, the decline symptoms can be confused with Pierce’s disease (to be described below).

Grapevine Fanleaf and Other Nepoviruses

  Arabis mosaic (ArMV), Grapevine fanleaf (GFLV), Tobacco (TRSV) and Tomato ringspot (ToRSV) are viruses that cause decline in grapevine.  These are specifically transmitted in the vineyard by different nematodes in the Xiphinema species.  The symptoms caused by these viruses are very similar and include foliar deformation, vein banding, and most importantly uneven maturation and sparce production of berries.  Since this is a soilborne disease, it manifests in patches in the vineyard where the nematode vector is located.  The transmission, of course can happen through infected material, but not commonly as it is an easy virus to detect using various laboratory techniques.

Pathogens Best Detected in the Late Summer and Fall

Pierce’s and Crown Gall Disease:  Pierce’s disease is caused by Xylella fastidiosa, a bacteria transmitted by sharpshooter sucking insects.  The control of the disease is complicated as the bacteria infects many different plant species (i.e., has a broad host range).  The symptoms observed in early spring are vine decline and poor bud break, in the fall it is possible to observe typical “green islands” on the canes as well as the “match stick” symptoms.  Green islands are areas of the canes that do not mature evenly (uneven lignification), while match stick symptoms is a phenomenon in which the petioles remain attached to the canes while the leaf blade has fallen off.  Crown gall is caused by another bacteria: Agrobacterium vitis. The typical symptoms of crown gall disease are galling at the crown of the vine (hence its name), however galls can occur at the graft union or other areas of the vine. I have recently written about crown gall disease in grapevine and will not elaborate on this article. 

Fungal Pathogens and Mixed Infections:   The fungal pathogens and the crown gall bacteria mentioned above can be detected all year round and often occur in mixed infections with viruses and/or bacteria.  Some years ago, Central Valley growers in California reported a syndrome in which their vines collapse and die within a short period of time.  While working at STA (the laboratory I developed that specialized in grapevine diagnostics) we tested vines with similar symptoms, not just from California’s Central Valley but also from California’s Central Coast vineyards.  We detected a combination of fungal pathogens (not always the same usual suspects) and viruses, such as Grapevine leafroll associated -3 (GLRaV-3) and the Vitiviruses Grapevine virus A and F.

Grapevine Leafroll and Red Blotch:  Although the symptoms observed in vines infected with Grapevine leafroll and red blotch viruses are similar, these diseases are caused by different viral species.  The symptoms are observed in the late summer and fall and appear as a display of a palette of different colors.  Some species of leafroll are transmitted non-specifically by mealybugs while red blotch virus was reported to be transmitted by plant hoppers in the Membracidae family, In the next Grapevine Magazine issue I plan to write an article with more details on epidemiology and management of these diseases. Stay tuned!  

Conclusions

  The purchase of a vineyard is a huge investment and because of this It is important to take into consideration its plant health prior to purchase.  Because symptoms of disease vary along the different seasons, I recommend planning to test a representative sample for important diseases during the due diligence period. Be aware that certain viruses/pathogens are detected more readily in different seasons.  This is why it is so important to hire a knowledgeable professional that can walk you through the process. 

  My philosophy is always prevention, so my recommendation to buyers as well as sellers is to be aware of the infection status of planting material, this will avoid the presence of detrimental pathogens in the vineyard in the first place.

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

A Short and Quick Guide to Wine Importation Regulatory Process

row of Spanish wine bottles

By: Brad Berkman and Louis Terminello

Importing wine into the United State may initially seem like a daunting task. Licensing requirements and related matters appear to be complex with requirements at both the federal and state levels. With proper planning and guidance, the insurmountable becomes a manageable process. This article will act as a short guide to the initial licensing and regulatory concerns encountered by new importers.

Licensure At the Federal Level

  Importation of wine into the stream of commerce of the United States is regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Prior to importation, the potential importer must qualify to hold a TTB Basic Permit as an Importer. TTB examines the qualifications of the owners and officers through a personal questionnaire process that is executed under the penalty of perjury to ensure that the individual applicant is not impaired from holding the permit. Qualifications of applicants can be found in the Code of Federal Regulations. Printed below are the code sections showing the requirement for licensure and the required qualifications for licensure.

§ 1.20 Importers.

  No person, except pursuant to a basic permit issued under the Act, shall:

(a) Engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or

(b) While so engaged, sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported.

§ 1.24 Qualifications of applicants.

  The application of any person shall be granted, and the permit issued by the appropriate TTB officer if the applicant proves to the satisfaction of the appropriate TTB officer that:

(a) Such person (or in case of a corporation, any of its officers, directors, or principal stockholders) has not, within 5 years prior to the date of application, been convicted of a felony under Federal or State law, and has not, within 3 years prior to date of application, been convicted of a misdemeanor under any Federal law relating to liquor, including the taxation thereof; and

(b) Such person, by reason of the person’s business experience, financial standing or trade connections, is likely to commence operations as a distiller, warehouseman and bottler, rectifier, wine producer, wine blender, importer, or wholesaler, as the case may be, within a reasonable period and to maintain such operations in conformity with Federal law; and

(c) The operations proposed to be conducted by such person are not in violation of the law of the State in which they are to be conducted.

  In conjunction with the personal questionnaire process, the applicant entity is disclosed including ownership structure. Among other things, certain signing authorization forms are prepared, and parties are assigned signing authority on TTB documents.

  In addition to the Importers Basic Permit, it is wise for the applicant to apply for a federal wholesaler’s permit. This permit will allow the licensee to ship alcoholic beverages in interstate commerce. The process for applying for this license is quite similar to the federal importers permit. For consistency purposes, below is a reprint of the code section establishing the requirement for this license.

§ 1.22 Wholesalers.

  No person, except pursuant to a basic permit issued under the Act, shall:

(a) Engage in the business of purchasing for resale at wholesale, distilled spirits, wine, or malt beverages; or,

(b) While so engaged, receive, sell, offer or deliver for sale, contract to sell, or ship in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased.

  Both federal permits, if the application process is managed properly and barring any unforeseen issues, should be issued within 45-60 days.

  It’s important to note that basic permits do not expire. They remain in effect until revoked, suspended, voluntarily surrendered or automatically terminated. Automatic termination can occur by operation of law when there is an unreported change in the licensed entity. In particular, change in ownership or stock transfers, among other things, must be reported to TTB on the appropriate forms within 30 days of the occurrence. If they are not reported, the basic permit will terminate by operation of law. It is essential that any contemplated change to the business be analyzed for its effect on the license and reported appropriately if required.

  As an additional note, the foreign winery/production facility must be registered with the FDA as a food facility. A registration number is assigned and must be available at the time of importation or the wine will not clear customs.

Product Approval

  Prior to importation, certain wines may be required to go through a formula approval process conducted by the TTB laboratory, though most do not. Generally, if there are added ingredients including flavorings, formula approval process is required. However, most wines produced and containing only grapes should not require formula approval. Other alcoholic beverages such as spirits and malt must be analyzed separately, as those products tend to have a more stringent formula approval process.

Certificates of Label Approval (COLA’s)

  All imported wine labels must be submitted to the TTB prior to importation and approved. Approval results in the issuance of a Certificate of Label Approval, more commonly called a COLA, which is required to be presented to US Customs at the port of entry, along with other documents.  TTB will examine the label to ensure that all mandatory labeling requirements are met. The wine label approval process can be complex, particularly for a first-time submitter. Certain pieces of information need to be affixed and positioned according to the regulations or the label will be rejected by TTB until brought into compliance. It would be beneficial, especially for the first-time submitter, to consult an expert when commencing the COLA process.

State Licensing

  As noted, TTB regulates the importation of beverage alcohol in foreign and interstate commerce. Prior to brand introduction in any state, it is incumbent on the importer to determine which state licenses are required prior to selling the wine within the borders of that state. As a general rule, some sort of non-resident permit is required, and often times brand registration as well. This is not a one-size-fits-all model, and these writers stress that each state’s requirements be examined carefully, and the appropriate licenses must be obtained.

Getting Covered: How Cover Crops Can Work to Protect Vineyards

a field of flowers in and around a vineyard

By: Cheryl Gray

Knowing how to protect a vineyard from the havoc wreaked by unknown threats is an important part of any grape grower’s toolkit.

  One of those tools is a cover crop. Many experts agree that cover crops play a vital role in guarding vineyards because they have a major impact on vine health and the ecosystem that surrounds vineyards.

  According to researchers at Texas A&M University, growing a cover crop can help reduce the use of chemicals that can adversely affect the environment. Cover crops can also reduce the physical toll on a vineyard that comes with frequent use of heavy equipment on the precious vineyard soil upon which grape plants depend. 

  Scientists at Oregon State University cite three main goals of what cover crops should accomplish when it comes to managing vineyard floors between the vines, in the headlands, around vineyard blocks and in the vine rows. Those goals are weed control, soil conservation and managing soil water. Vineyard design, age of the vines, soil type and grape-growing region all contribute to the process.

  By definition, cover crops are any plants grown in vineyard middles and sometimes under vines. They are non-cash crops and are not harvested. Generally, cover crops are planted each year in the fall and spring. They are maintained on a perennial basis. Scientists advise that using cover crops requires a thoughtful approach to reap the benefits of this organic tool.

  According to the United States Department of Agriculture, many types of cover crops are recommended specifically for vineyards. These recommendations come on the heels of field studies compiled by the USDA and its research partners.

  The list includes grasses and cereals, such as barley, annual rye grass, winter cereal rye and winter wheat. The choices for cover crops also include legumes, such as fava beans, garbanzo beans, crimson clover, hairy vetch and Austrian winter pea. There are also brassicas and cruciferous vegetables that include mustard, rape, forage radish and oilseed radish.

  Annual plants are the most frequent pick for vineyards. A major reason annual plants are chosen over perennials is to allow the cover crops an opportunity to grow and to provide seasonal soil conservation during winter. In the summer, the cover crop is tilled over, another benefit to the vineyard soil.

  Cover crops are rated according to their ability to provide either slow or fast carbon. How they produce nitrogen is also key. Cover crops that are rich in substances such as cellulose and lignin are defined as so-called slow carbon sources. Fast carbon options include grasses and brassicas that contain easily biodegradable sugars. Legumes are cover crops that provide a good source of nitrogen.

  Agriculture experts recommend using a cover crop strategy that creates a balanced mix of slow and fast carbon-producing plants and those that generate nitrogen. In this way, microorganisms can successfully degrade organic matter without choking off vital nitrogen that vineyard soil needs. The so-called “combo” meal of legume and grass provides the ideal blend because the two complement each other, providing fibrous and tsp root systems while also kicking in nitrogen for the vines.   However, in cases where a single plant species has a proven track record, experts say go with it, but keep in mind that single species plantings need to be rotated in order to fight potential buildup of insects, bacteria, viruses, fungi and other pathogens that can harm vineyard plants.

  There are other benefits to using cover crops. In addition to improving soil structure, they also help with water infiltration with their roots. Some of those roots can loosen soil up to five feet, reducing soil compaction and improving the penetration of water and air. Cover crops improve mineral fertility by helping the soil to better retain important minerals that vineyard plants need, including acting as a guard against minerals leaching. Cover crops can store vital minerals during winter months. They also provide aesthetic value to vineyards and traction for equipment and workers.

  Another benefit that cover crops provide is that as they grow, they work to improve the biological activity and organic matter in vineyard soil. Once their leaves and other plant materials begin to decompose, they kick-start the benefits of this organic process by boosting organic matter within the vineyard soil. 

  Erosion and runoff are enemies of vineyards. Cover crops combat these problems by preventing the damage that rain can cause when it dislodges soil. They help block the growth of weeds by preventing them from germinating in the first place. They also provide a welcome habitat for vineyard-friendly insects and predators. 

  Nematodes are also harmful to vineyards. Among the worst of these parasites are root-knot nematodes that stay in one place on the plant and lesion nematodes that travel around. Cover crops can help curb some of this threat.

  Cover crops also influence the growth of grapevines by forcing them to compete for water and nutrients in the soil. The additional nitrogen provided by cover crops also promotes the growth process.

  Managing cover crops is a process that begins with making sure that the soil is properly cultivated for good germination. Many growers opt for using a shallow tiller to get the job done. Moistening and leveling the soil follows. Then comes the seeding, which is done according to the climate of each grape-growing region. Experts say that a no-till drilling method for seeding cover crops helps conserve the texture of the soil, provides uniformity in placing seeds and helps better establish the cover crop in the vineyard. After seeding, the seed bed soil should be lightly packed with proper irrigation setup to promote germination and establish the cover crop.

  Cover crops need to be fertilized. Grasses and brassicas might need additional nitrogen for optimal growth. However, experts warn that this is where caution should be exercised because legume and grass mixtures promote increased nitrogen, which could result in too much nitrogen, resulting in too much of a good thing. Soil tests will likely be required to check the impact of any cover crops in play.

  While the benefits are many, there are drawbacks to using cover crops. Their presence may increase water use, create a frost hazard and may result in competition with the vineyard plants for soil moisture and vital nutrients. Pest problems can also result when a cover crop isn’t kept at a reasonable height. Finally, there is the chance that the use of cover crops might result increased management and cost.

  To combat the frost issue, many growers opt to mow down their cover crops in early spring, essentially using what is left for frost protection. Those cover crops are then allowed to pick up growth again before finally going to seed. Once the seed matures, the cover crop is mowed and either left on the surface or mixed into the soil with a shallow tiller.

  There is a wide range of research available documenting the results of cover crop use throughout the grape-growing regions of the United States and beyond. In addition to the USDA, many colleges and universities with curriculums that focus on viticulture have useful resources for grape growers in their regional areas. Much of the research is performed in the field through partnerships with vineyards that not only want information but are willing to share it for the benefit of other grape growers who want to know more about the pros and cons of cover crops.

Will Crop Insurance Cover Losses to My Vines?

man on cell phone inspecting grapes in vineyard

By: Trevor Troyer, 
Vice-President of Operations 
for Agricultural Risk Management

Does crop insurance cover losses to my vines? What can I do about vine loss or damage?  Half of my vineyard got burned due to wildfires.  I have major freeze damage on half my vineyard.  What can you do?  Crop insurance only covers losses to your grape crop not your vines.  Is there any vine coverage or assistance for that?

  Yes there is! I get a lot of questions on this so thought to address it in this article.

  Grapevine crop insurance coverage is available for the 2025 crop year. The sign-up deadline is November 1st in all states where it is available.

  The states where you can obtain this coverage are: California, Idaho, Michigan, New York, Ohio, Oregon, Pennsylvania, Texas and Washington.  It is not available in all counties though.  The counties that are listed in the actuarial documents are not the same as the Grape crop insurance program.  This  program is available for grafted grapevines only.

  What is covered with this insurance product?  The Causes of Loss that are listed in the Grapevine Crop Provisions are below:

11. Causes of Loss

(a) In accordance with the provisions of section 12 of the Basic Provisions, insurance is provided only against the following causes of loss that occur within the insurance period:

(1) Freeze;

(2) Hail;

(3) Flood;

(4) Fire, unless weeds and other forms of undergrowth have not been controlled or pruning debris has not been removed from the vineyard;

(5) Insects, diseases, and other pathogens if allowed in the Special Provisions; and

(6) Failure of the irrigation water supply if caused by an unavoidable, naturally occurring event that occurs during the insurance period.

(b) In addition to the causes of loss excluded in section 12 of the Basic Provisions, we will not insure against damage other than actual damage to the vine from an insurable cause specified in this section

  The vine needs to be completely destroyed, or is damaged to the extent that it will not recover in the 12-month insurance period from November 30th.

  Any damage other than damage to the grapevine from an insured cause is not covered.  For example, chemical drift, terrorism etc. are not covered.  Failure to follow good farming practices or the breakdown of irrigation equipment are also not covered.

  For the grapevines to be insurable they must be adapted to the area they are being grown in.  They must be being grown and sold for fruit, wine or juice for human consumption.  The vines must be grafted to be insurable as well.  The Crop Year begins December 1 and extends through to November 30 of the following year. You must have a minimum of 600 vines per acre to be insurable also.

  Vines are classified into 3 stages of growth for the policy.  Here are the exact definitions:

(a) Stage I, from when the vines are set out through 12 months after set out;

(b) Stage II, vines that are 13 through 48 months old after set out; and

(c) Stage III, vines that are more than 48 months old after set out.

  Values are determined by the Stage (age) of the vine and the county they are located in.  Obviously Stage III vines are worth more than Stage I vines.  These prices are set by the USDA Risk Management Agency.

  You can choose coverage levels for your Grapevine insurance from CAT (Catastrophic) to 75%.  CAT insurance is 50% coverage but you only get 55% of that 50% value per vine. Coverage increments are 5%, so you have 50%, 55%, 60%, 65%, 70% and 75%.   There is a sort of a double deductible with Grapevine insurance.  You have a damage deductible and a value/price deductible.  For example, if you choose 75% coverage you would have a 25% damage deductible.  That means that the first 25% of damage is not payable.  So, if you had 30% of your vines killed because of a freeze you would have a payable claim of 5% (30% minus 25% deductible).  There is also a value deductible as well. Again, if you have 75% coverage you would have a grapevine value deductible of 25%. For example, if the grapevine is Stage III in California in Napa County it would be worth $39.  At the 75% coverage level the dollar amount for that vine would be $29.25.

  There is an optional endorsement that changes the damage deductible.  This endorsement does cost a little more but is worth it, in my opinion.  This is called the Occurrence Loss Option or OLO for short.  It changes the damage deductible to a 5% damage trigger.  If your loss is 5% or more of the total value of the vines in a unit you would have a payable loss.  Plus, you are paid on the full value percentage of the loss.  So, if you had a 30% loss, you would get paid on the full 30%.  This does not change the value percentage of the coverage level, if you choose 50% you get that amount.  You cannot exceed the total insured value, Liability, of the vines in any case. 

  Once you sign up and complete all the forms with your agent, they are then submitted to the underwriter.  The underwriter will open an inspection and an adjuster will come and take a look at your vineyard.  The adjuster will determine if the grapevines in your vineyard are insurable.  The vines could be uninsurable for any of the following reasons.  The vines are unsound, diseased or in someway unhealthy.  They could have been grafted within a 12-month period before the beginning of the insurance period. Or they could have been damaged prior to the beginning of the insurance period.  Once the adjuster has completed the inspection, it is sent to the underwriter and then on to the USDA Risk Management Agency for final approval. 

  If you have damage from an insured Cause of Loss, you should contact your agent to get a claim opened.  It is always best to get a claim opened up sooner rather than later.  48 – 72 hours after discovering damage is best.  I know that a lot of growers want to wait and see how much damage there is before they do anything.  It is always better to get a claim opened up rather than wait and see.  If there is not enough damage, then you just let the adjuster know.  After you open up a claim an adjuster should be out within 10 days to inspect the vineyard.  Do not remove any damaged vines until it has been inspected!   In my opinion this is a good program, and it will provide protection to vineyards.  It will help to mitigate losses from Freeze, Hail, Flood, Fire et

The Growth of Baco Noir Grapes in Oregon’s Umpqua Valley

clusters of Baco Noir grapes

By: Becky Garrison

The origins of Baco Noir grapes can be traced back to the 1890s when phylloxera decimated Europe’s vineyards by eating away at the roots of the vines. As these native grapes (Vitis vinifera) possessed no inborn resistance to this microscopic louse, they began dying.

  Conversely, grapevines planted in North America proved to be resistant to phylloxera. So, researchers began to experiment with cross-pollinating American grape varieties with European Vitis vinifera to see if they could produce phylloxera-resistant vines that would grow in Europe.

  These experiments bore fruit in 1902 when botanist François Baco (1865-1947) released a hybrid grapevine called Baco 1 (also called Baco Noir) that he produced by crossing a Folle Blanche, a French white grape used for brandies from the districts Armagnac and Cognac, with a Vitis riparia species indigenous to North America. The result was an early budding grape with small- to medium-size bunches producing high yields that were low in tannin and high in acid. This early budding made the grapes susceptible to spring frosts and resistant to powdery and downy mildews. Also, these grapes did not have the foxy characteristics that many other 50 percent of vinifera hybrids express.

  In The Wine Bible, Karen McNeil notes how this grape was cultivated in Burgundy and the Loire Valley until France officially barred all hybrids from being grown in French vineyards. Since this grape was not included in the French register of authorized varieties, its area diminished to just 28 acres, as reported in 2008 by Jancis Robinson. However, this French-American hybrid was transported to North America in the 1950s, when it became popular in cooler climates where traditional vinifera varieties tend not to thrive. Among the more popular regions where one Baco Noir is grown include Upstate New York, Michigan, Oregon, Colorado, Ontario, Canada New York State, Canada, the Midwest and more recently, Oregon, with a particular focus on the state’s Umpqua Valley.

The Birth of Baco Noir in the Umpqua Valley

  According to winemaker Marc Girardet, in 1969, his parents, Philippe and Bonnie Girardet, took off in their VW bus from Northern California, heading northward in search of a place where they could live off the land and raise a family. Upon discovering Oregon’s Umpqua Valley, they purchased 54 acres of old sheep pasture and built a cabin.

  Over a bottle of wine in 1971, this Swissman-turned-Oregonian and his wife decided it would be fun to plant a vineyard. As there wasn’t much vineyard rootstock available in Oregon, they decided to search far and wide. Somehow, they made connections on the East Coast and discovered the Geneva, New York experimental hybrid grapes, along with the French-developed hybrid grapes such as Baco Noir and Marechal Foch.

  Philippe quickly seized onto these hybrid grapes because they could be grown naturally without the need for mildew or mold sprays. After a few road trips back east, they returned with a plethora of hybrid grapes, which would quickly become the largest collection of their kind on the West Coast. Throughout the 1970s and 1980s, they grew these grapes in the family vineyard, along with some wild varieties like Landot Noir, DeChaunac and Chancellor.

  Initially, these varieties were mostly blended until 1990 when Philippe noticed Baco Noir grapes had more of a spicy, juicy, yet smooth flavor that stood out above the other hybrid grapes. So, he bottled this grape on its own. Marc recalls helping him sell the first bottles at several wine festivals in the mid-1990s. As he recounts, “The sales pitch was half  ‘Hey, look at this cool wine we made with grapes that aren’t sprayed with any chemicals’ and half ‘try this great wine, and see how amazing it tastes!'”

Baco Noir Grapes Pioneering Natural Wine Movement

  In Marc’s estimation, his father was quite a bit ahead of the curve with the natural wine angle because it didn’t really seem like anyone was aware or cared about natural wine back then. “This wine became a sensation based more on its smooth flavor profile than anything else,” he reflects.

  From the beginning, they chose to farm naturally without any pesticides and using locally sourced horse manure compost. They also chose to practice dry farming, as that practice maintains a small berry size while developing a deep root system. Post-harvest, the grapes are hand-sorted and then de-stemmed into open-topped vats. Next, Girardet hand-punches the grapes to produce a wine that is lightly pressed and racked to barrel for aging.

  The fruits of their labor can be seen in their 2007 Girardet Baco Noir, a vintage recognized by Matt Kramer in The Oregonian as one of Oregon’s best wines (May 31, 2009). He described Girardet Baco Noir ‘Southern Oregon’ 2007 as “a superb red wine: supple, smooth-textured, and with an uncommon refinement that makes it ideal for all sorts of red meats, salami or even just a good liverwurst sandwich.” Following this review, Girdet’s Baco Noirs continue to sell out.

  In Marc’s estimation, “There may be increased interest in Baco Noir (and some other hybrid grapes) because there is more awareness of the dangers of pesticides that traditional vinifera grapes are usually sprayed with. So maybe current knowledge has finally caught up with where Dad was in the 1990s.”

Growth of Baco Noir in Umpqua Valley

  Tyler Bradley, winemaker at Bradley Vineyards in Elkton, credits Philippe for the growing interest in Baco Noir in the Umpqua Valley. Phillip convinced Bradley’s father to plant these grapevines, citing this region’s cold climate as an ideal location to produce these bold reds. So, his father planted one acre, proving Philippe’s prediction was on target. Also, this grape proved very easy to grow once the vines were established, as it requires very little to thrive aside from some basic nutrients.

  Typically, Baco Noir grapes do not express the distinctive foxy aromas and flavors of other Vitis riparia varieties. Instead, they possess rich fruit tones, such as blueberry and plum. That said, Marc opines that even Baco Noir tends to be a little foxy. “This comes from the Vitis riparia in the genetics but is also the reason it is naturally mildew resistant. The foxiness can be appropriately minimized if the vines are grown on sunny, dry site that controls the vigor and if the wine is aged on some good oak for long enough.”

  Baco Noir tends to be constantly a few brix higher than Pinot Noir, a difference Bradley views as crucial to achieving the jamminess his customers prefer. As wine’s acidity remains very high until about 26-27 brix, this wine needs yeast with high alcohol tolerance to ferment to dry.

  Following Girardet and Bradley’s success with Baco Noir, Mike Landt of River’s Edge Winery in Elkton released a 2013 River’s Edge Baco Noir. The grapes for this wine came from the block of River’s Edge Baco Noir, which used to be a horse pasture and contained soil rich in nitrogen. This resulted in more vigorous vines that produced wines with more meaty and savory qualities.

  During this time, Melrose Vineyards (Roseburg, Oregon) began producing Baco Noir and was the first to explore making a fortified wine using the Baco Noir grape. Select winemakers also produce a Baco Noir rosé and use it in creating full-bodied red blends.

  Also, Stephen Williams, owner of Trella Vineyards (Roseburg, Oregon), paired Giradet’s Baco Noir with pizza for many years before he made Trella’s 2022 Pugilist Baco Noir using fruit sourced from two vineyards located in Elkton: Anindor and Elk Valley. He chose the term “pugilist” as it is a dated word for a fighter in a boxing match, which speaks to how Baco Noir is a “punchy” red wine. In addition to pizza, Baco Noir pairs very well with barbecued meats and other hearty fare.