Small Trials Before Making Big Decisions

By: Thomas J. Payette, Winemaking Consultant

Portrait of smiling male lab technician

Trials and fining agents, in the wine business, are often riddled with unfamiliar language and terms.  Grams per liter, grams per thousand gallons, pounds per thousand gallons and milligrams per liter roll off most winemaker’s tongues as if the world is in tune.  Let’s review how to make this simpler and to understand.

When?

We should perform trials anytime a question is raised on how to improve or change a wine.  If a wine has a problem – identify the solution in a laboratory first.  Then apply the desired corrective action in the cellar.  Always double check you trial and math before performing in the cellar.

Why?

The reason we do trials is to experiment with refinement, improvement and / or correction of a juice or wine.  Always work in small quantities with a wine so one does not create a larger problem, in a tank, in need of potential further corrective action.  These trials can be tasted and tested to see what the results would, or will have been, if the addition was made to the actual tank or vessel of juice/wine.  This eliminates guesswork and unnecessarily “shooting from the hip” in the cellar.

Where?

One should do these trails in the laboratory where control, on a small-scale amount of wine, is essential.  The opportunities of what one can discover in the lab are almost endless.  I repeat let’s always make our mistakes on a small scale in the laboratory before stepping into the cellar for any actions that may change the flavor, aroma or chemistry of any juice/wine.  This lab area should be designed for this feature of experimentation. The metric system will be used.  Once this is attempted, one will not step back into some of the complicated aspects or other forms of measurement.  These trials can be used for many things including but not limited to: sugar additions, acid additions, fining agents, concentrates, de-acidification’s etc.

Potential Tools Needed

  • Accurate scales that measure in grams preferably to a tenth of a gram.
  • 3 – 100 milliliter graduated cylinder (plastic preferred).
  • 1 – 50 milliliter graduated cylinder (plastic preferred).
  • 1 – 10 milliliter pipette (Class A volumetric).
  • 2 – 10 milliliter pipettes with graduated markings at each milliliter to the tenth. (Plastic preferred) [ AKA : Serological ™ ].
  • Small glass beakers 250 milliliters plus or minus

Representative sample(s) of each wine to be sampled.

  • Clean wineglasses.
  • Glass watch glasses to cover each glass.
  • Spit cup.
  • Other testing equipment to answer questions at hand.
  • Magnetic Stir plate with stir bars and retriever for the stir bars.
  • Sharpie™ pen or pencil for marking beakers.
  • 95% ethanol to remove Sharpie™ pen marks off glassware.

How?

Start with something simple where results can be easily determined with the wineglass to give the confidence needed to build upon the procedure.  An example of this may be a tartaric addition trial for pH correction and/or palate modification.  Let’s go over one example.

  1. Start with an ample quantity of wine to work with in the lab – perhaps an 800-milliliter representative sample from a wine vessel.
  2. Weigh accurately 1.0 gram of tartaric acid and fully dissolve the acid in approximately 85 milliliters of the base wine with which you are working.
  3. Once dissolved, place the full amount into a 100 milliliter graduated cylinder or as one becomes more experienced you may just make the solution in the 100 milliliter graduated cylinder.
  4. Bring the amount up to volume in the 100 milliliter graduated cylinder up to 100 milliliters mark with additional base wine. [One should be clear they have made a solution of 1.0-gram tartaric acid dissolved into 100 milliliters of wine.]
  5. In a clean graduated cylinder, pipette 10 milliliters of the newly prepared acid stock solution into the cylinder. Bring to the complete 100 milliliters volume mark with the base wine.  This should represent a 1.0 gram per liter tartaric acid addition.
  6. Pipette twenty milliliters from the stock acid solution made in step four into another graduated cylinder and bring to volume at the 100 milliliter mark to represent the next addition level of 2.0 grams per liter tartaric addition.
  7. Continue to add to the number of samples you care to do the trial on in standard logical increments.

Set Up the Tasting Trial

  1. Pour about 50 milliliters or a quantity one desires to smell and taste, of the base wine, into a control glass and place it in the left hand glass in the tasting area. (One should always taste against a control)  Taste Left to right.
  2. Pour the trials to be tasted, made in steps 5,6 and 7 above, in increasing increments in each wineglass progressing from left to right. Mark their contents.
  3. Add to this flight any wines from past vintages you may want to review or any other blind samples from other producers you may care to use as a benchmark. Mark their contents.
  4. Taste and smell each wine several times. Go through the flight and detect what wine may best match or improve the desired style one is trying to achieve.
  5. Select the match and leave the room for 1 to 2 hours.
  6. Return and re-taste to confirm your decision.

Should chemistries play an important role to reviewing certain additions be certain to run a necessary panel of lab test to ascertain the proper numbers are also achieved.  One may need to balance taste, flavor and chemistry to make some tough choices.  Have all the data necessary and available to make those choices.

Calculation:

Once the fear of the metric system is overcome and confidence is achieved, the calculations become very simplistic.  Let’s take the above as the example.  If we dissolve 1.0 gram of tartaric acid into 100 milliliters of wine we now have 0.1 gram of tartaric acid in every 10 milliliters of wine.  From this base if we blend 10.0 milliliters (one-tenth gram of tartaric) into 100 milliliters of fresh wine – this represents the equivalent of one gram per liter.

If we were to have used twenty milliliters that would represent two grams per liter in the small 100-milliliter lab blend.  If we keep track of what we are tasting, or testing, and select the trial we prefer, one can mathematically calculate how much of the given addition is needed in a tank of known quantity of juice or wine.  One can also extrapolate this out to larger volumes in the laboratory should that be desired to work beyond a 100-milliliter sample.

Spicing it up!

Once the first set of trials is mastered one may build on to the next step projecting out what one may want to do with the wine.  This could eventually, and perhaps should, build out to treating large enough samples that one could cold and protein stabilize the wine in the lab, filter to the projected desired micron size and taste with a panel.

Double Checking the Results

From experience, one can get so creative in a lab it can be difficult to trace exactly how one arrived at a certain desired concoction.  Copious notes should be kept and most often one can trace their steps.  When in doubt; however, re-perform the steps with each addition to reestablish and confirm the same results.  This extra time is well worth doing before stepping into the cellar.

Summary

Given time and experimentation with this system many blending trials with additions will become easy and systematic.  Trials will often take less than ten minutes to prepare and one may taste at several points during the day or use extra time to perform lab test to confirm desired objectives.

Other Helpful Tips

Keep in mind not to over scrutinize your accuracy in the laboratory.  By this I mean make sure that if we measure something very tightly in the laboratory make sure this action will be able to be duplicated outside the lab.  It is not uncommon, early on, for winemakers to get extremely exact in the lab only to step into the cellar with less exact control over what they had just experimented with.  Food for thought on the practical side!

One can use other base solutes should that be desired.  It does not always have to be wine.

This system can be used for dosage formulation for sparking wines.

If accurate scales may be an issue the winemaker may always start by weighing larger quantities and dissolving into solution then breaking down that solution.  Example:  If a winemaker wants a 1.0 gram per liter solution and the scales are not accurate enough to weight one gram the winemaker may dissolve 10.0 grams into 100 milliliters and then measure out 10 milliliters of that solution and this should roughly equate to one gram.

Make sure all solids are dissolved and dispersed equally into any solution.

One may also be able to blend two trials in 50% to 50% solutions to get an example of a trial in the middle without having to make one up specifically to match the amount desired.

Always remember your palate may become desensitized while tasting and to step away from tasting for an hour or two and then return to taste a potential preference.  You may be shocked you had become used to certain levels because of tasting such extremes.  Desensitized in essence.

References: 

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

  Dedicated to Chris Johnson: A long-time colleague and friend who worked with me to develop this system together many years ago.  Chris passed away in April of 2009.  He was head of all red winemaking at Kendall Jackson and he had his own family winery label called Blair in Northern Napa Valley.

Smoke Taint

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.

Plant Patents in the Wine Industry

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?

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

Did You Patent that Copyrighted Trademark? Um, No.

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

Aroma Trials

By: Thomas J. Payette, Winemaking Consultant

man sniffing wine

OK– your wine smells good but can it have a better aroma?  Always keep this in mind as a winemaker or winery owner.  The largest violation of “house palate”, a process where winemakers overlook their wine flaws because they taste their own wines too often, is the oversight that their wines may be reduced.  Reduced or reductive is a broad term that covers many sulfide compounds ranging from hydrogen sulfide, rotten egg, to other more complex aromatics that may smell like cabbage, dill weed, onions or even garlic.

Early detection of these flaws is imperative to clean up the wines and to make sure these compounds do not evolve toward other more difficult to remove compounds, mercaptans, often needing ascorbic acid additions to make the wine reactive to the most commonly used remedy copper sulfate.

Copper sulfate trials are extremely easy and there is no excuse for each wine created not to go through at least three quick trials with copper sulfate to see if the wine aroma will indeed become improved.

When? The author recommends each wine be reviewed:

  1. Anytime one suspects a wine to be reduced or smells hydrogen sulfide in the fermenter.
  2. Review all wines just after the fermentation process as a blanket rule process to discover any wines that may improve from the copper sulfate addition.
  3. Three months prior to bottling and preferably before any stability processing actions have been taken.
  4. Roughly three days before bottling.

Why? As suggested, in the first sentence of this article, winemakers should review each wine’s aroma to see if faults exist.  Some of the faults do not express themselves directly as Hydrogen Sulfide or Mercaptans.  Some wines may have just enough of one of these compounds, or both, to lightly mask the underlying fruit expression.  Winemakers may not know nice smelling wine can actually smell nicer.  It is an easy test – so why not run these trails!

Where? Most winemakers will perform this test in the winery laboratory, away from the chill of the cellar floor, where a wine will have the ability to open up and allow for undisrupted critical analysis of the wine’s aroma.  If winemakers cannot find this tranquility in their winery, it is recommended to take a sample home and do the trials in a home environment.  One must be able to focus and have conditions for the wine to open up.  This is critical.

Tools needed

  • Clean wineglasses with a narrow focused opening to the bowl (I.N.A.O. style). All exact same size and style.
  • Glass watch covers for each glass (optional but highly recommended).
  • Representative samples of each wine to be sampled.
  • 1.0% Copper Sulfate solution (One percent).
  • Spit cup.
  • Clear and “in tune” nasal passages.

How? This test is very easy to perform as long as the environment is proper for the aroma analysis.  If possible, work closely with someone else to mix up the wineglasses after treatment so you will be blind on this analysis.  If this can’t be done – do proceed since experience will help take any bias out of the results.

  1. Place three (“aroma free”) dry clean wine glasses on a table and label them x, 4 and > or any other random characters that may not lead a person to select one wine glass over another but allow them to identify what glass or glasses may be different.
  2. Fill each glass with the same quantity of wine. This is often between 80-100 milliliters per wine glass depending on the wine glass size.
  3. Have another person place 1 drop of the 1% Copper Sulfate into one of the glasses and to swirl all three glasses equally to mix the addition into the wine and to treat each glass equally with a swirl.
  4. Place watch glasses over each of the glass openings and leave the glasses to sit for about 5 to 10 minutes.
  5. Approach the wine glasses and remove the watch glasses one at a time to smell the aromas in the headspace of the glass. Go through the wines at least three times and perhaps more to select the wine that smells the best.  Record your results.
  6. Leave the wine glasses for another 15 minutes or longer and re-approach in the same fashion by smelling each wine individually and select the glass or glasses that smell the best.
  7. After determining that the wine is actually changed and changed for the better, have the person that added the copper sulfate to the glass reveal the glass that was treated.
  8. Mentally extrapolate after collecting all the data whether the addition of copper sulfate had a positive impact on the wine or not. Be aware not to select the copper sulfate addition wine – just because it is different.  The wine should smell better – not just different.
  9. Once an addition is deemed helpful, proceed to making the adjustment in the cellar as referenced below under calculation. This test is not quantitative.

This test is sometimes known as a triangle test.

Spicing it Up!

Once you and your assistant get comfortable with the test, he or she can be instructed to switch around the treatment regime to perhaps treat two of the three wineglasses.  This will keep the person smelling the wines on their toes to actually identify what wine smells better and to truly focus on the improved wine.

Referencing the fact that a spit cup was listed under the “Tools needed” list above, one should have their spit cup ready.  This should be used if by habit one should accidentally taste the wines.  Remember, technically, Copper Sulfate is a poison so winemakers should resist tasting our trails and only focus on the aromas.

One can build on this test to correct Mercaptans, also.  Mercaptans are Hydrogen Sulfide based compounds that have transformed to a more complicated chemical compound.  Ascorbic acid trials may need to be tested for effectiveness in these cases.  Reference other sources to review this process as it will not be covered at this time.

Calculation:

In my opinion there is no truly reliable calculation for this test to determine quantitatively how much copper sulfate to add.  In most cases it is best to add small quantities of copper sulfate to a wine nearing the range of 1.0 gram per 1000 gallons to as low as one-half a gram per 1000 gallons to clean up small defects.  This is a good starting point.  From experience, you may start to recognize a wine that may need more Copper Sulfate to combat more pungent aromas.  This chemical is a strong oxidizer so use limited amounts.  Overuse could have serious downsides to your wine.

Removal of Copper After Use

In most cases, only small amounts of copper sulfate are used to clean up a wine so we rarely need to address lowering the copper content in the wine.  Please recognize when larger quantities have been used.  Use an outside laboratory to actually measure the amount of residual copper in your wine.  In many cases, for white wines treated prior to protein fining with bentonite, they may clean up on their own.  The author has seen copper levels drop significantly after protein fining and filtering of white wines.  Many years ago, wines may have needed a “Blue-Fining” but one rarely has those issues in today’s winemaking plus they are not permitted in the United States.

The Future

According to some scientist we need to more closely look at nutrients and their role with the yeast.  In some cases too much or too little nutrients may cause Hydrogen Sulfide production and it is thought to link into the micronutrients.  Nitrogen issues may not be the driving factor here.  This will help us stay away from using copper sulfate, which does have adverse affects to the wine in addition to cleaning the wine up sensorialy.  Until that time we need to address the problem in a fashion we can, such as copper sulfate.  Stay tuned.

Other Helpful Tips

  • Caution is expressed not to confuse a change in aroma in the wine with this being considered better. This is called “Stripping”.
  • Caution is also expressed not to consume / taste wines that have added copper sulfate added during these trials.
  • Do these trials next to any wine that may be a follow-up bottling for that wine to see if consistency is achieved and to focus on other nuances that may easily be changed.
  • The Tax and Trade Bureau does regulate the amount of copper sulfate a winemaker may use.
  • Please research this amount and have a clear understanding of the use of copper sulfate. It is a strong oxidizer and considered poisonous.
  • A reduced character may become hard to notice if the wine has just been racked, transferred, filtered or in any way brought into a less anaerobic state.

These reductive compounds may be just under the threshold of the human nose sensitivity and difficult to smell.  If this same wine is bottled, the reductive character may become very pronounced.

Screw cap wines may need more serious aroma reviews and evaluation since these seals are more anaerobic than previous seals. Caution is urged when making wine to be bottled under screw cap to make sure no underlying reductiveness is present.  Outside labs also offer “headspace sniffing” if one feels they need additional help.

Wines exposed to light may become “lightstruck”.  Light struck is a term used to describe that light has attacked an amino acid and caused a mercaptan-type aroma.  This phenomenon is somewhat more common with flint bottles and sparkling wines.

References: 

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

Dharmadhikari, M.R., Wilker, K.L. 2001. Micro Vinification.

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

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

Short Course:

  • This is qualitative and not quantitative
  • Make sure the change in aroma is not just “stripping”
  • Copper Sulfate is a poison – be careful to check residual copper present after larger uses.
  • Know when to use outside “electronic sniffers”

Is Your Facility Ready to Host Events?

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

Cooperage Matters: A Blend of Science, Technology and Craftsmanship

By: Gerald Dlubala

staff opening a barrel

Whether the choice is wood, stainless steel or a hybrid combination, barrel makers have unique processes they follow to provide the best possible vessel to their customers. Each type of barrel has had successful wines poured from them. The key is to be consistent in supplying a quality barrel to the customer so that they may, in turn, deliver a quality product to their consumers.

The Certainty Of Science: Trust Cooperage

“We apply science to craft,” says James Molnar, President of Trust Cooperage. Exclusively an oak barrel crafter, Trust cooperage uses predominantly Hungarian Oak in their manufacturing process. They are the largest cooperage East of France, with lab services and a quartet of technicians that look at, study and evaluate wine daily. Additionally, they have a wine cellar on premises to regularly perform wine trials and experiments using their barrels.

“When looking for a quality barrel supplier, it’s critical to look for consistency, the credibility of the oak staves used, control over their oak resources, employees with a lab or technical background, and a consistent and reliable stave supply chain,” Molnar says. “You want someone with a well-informed, quality background working with you, not a career salesman that just happens to be selling barrels.”

Trust has that control over their supply chain, with the ability to screen all components going into their barrels. Their Hungarian oak barrels are crafted only from interior split wood and aged a minimum of two to three years. The staves are organized and stacked loosely on a custom-built concrete pad in a clean, pristine, and breezy location for maximum ventilation, easy rotation and natural seasoning in the sun, wind and rain. Aging them this way purges the harsh tannins and other impurities before they get preheated for shaping and toasted to the desired level of aroma and flavors needed. Everything is stringently controlled, including the temperature, time and exposure to flame. The finishing is controlled by hand before the barrel is closed and pressure tested.

“Our wine barrels are definitely made to last,” says Molnar. “They average a lifespan of three to four aging cycles within the winery before being repurposed into beer barrels, scotch barrels or casks for Caribbean rums. We use our carbon filtered well-water and Airocide units to wash and sterilize the barrels. Then they’re stored in a pristine, climate-controlled atmosphere year-round until wrapped for shipment to our customers.”

Trust also provides oak for alternative methods of fermenting and aging, usually in stainless-steel tanks. They supply staves, wood chips, wooden bullets and wooden pass through sticks to achieve different effects in neutral barrels and fermentation tanks.

Technology And Tradition: East Coast Wood Barrels

George Voicu, Master Cooper of East Coast Wood Barrels, stresses balance in his wood shop, barrel making, and in life. His approach to coopering is a blend between traditional craftsmanship and personally customized technology.

“As a first step in our barrel supply process, we take time to communicate with our customers, assessing their needs and providing suitable product recommendations. Then, the shop utilizes the tools and processes that I have modified and refined through my years of experience. I remain hands on to ensure that only quality materials are included in our barrel assembly process,” says Voicu. “In the final stages, the barrel bending, toasting and charring are all accomplished using a natural wood fire and bellows system. Rounding out our extreme and traditional craftsmanship qualities is the ability to finish the barrel off with custom laser engraving.”

Voicu sources his American white oak, which he calls his foundation, from local mills around Virginia, central Pennsylvania, and New York, while sticking to the Carpathian basin and Transylvania regions of Romania for his European and Hungarian oak supply.

“Wooden barrels have that ability to breathe and oxygenate the contents,” says Voicu. “That unique ability imparts an unmistakable finishing quality in wines that consumers recognize and appreciate. Our barrels are suited for all varietals because of our willingness to use a variety of woods, and their structural integrity far outlasts the wood’s inherent finishing capacity, which ultimately led to my patented wood-stainless hybrid barrel system.”

“Stainless tank and keg systems typically attempt to shut out the outside atmosphere, where a traditional wood barrel breathes. This fact is both blessing and curse,” says Voicu, “as wood barrel oxygenation promotes the chemical reactions in maturation and finish those producers want, yet also threatens longer-storage (vintage) wines with spoilage. Our stainless-steel hybrid system is a secure, workable, and easy to clean solution which promotes in-barrel micro-oxygenation through a traditional wood head; the hybrid design reduces exposure to the outside environment but does not eliminate it. Our hybrid clients also appreciate the flexibility of the removable wood inserter system, where wood to volume ratios and mixable wood profiles can be user adjusted.”

As to his wooden barrels, Voicu says that barrel lifespan is never a question, but whether empty or full, the barrels need consistent and stable storage conditions in environments that support wine finishing.

“The food grade stainless body of the hybrid, when properly handled, should last well past thirty years,” says Voicu. “The internal cylinder is free from extra features that capture contaminants, so cleaning is very simple once the heads and staves are removed. The wood components of the system can then be reused like traditional barrels, or economically replaced after each batch.”

Voicu loves that there has been an uptick in small and amateur wine and spirit producers. He encourages the practice with one bit of advice on barrel aging. “There are many barrel options available, and they are not all created equal. When you reflect upon current market forces and increased pressure upon our forests for higher quality wood required for barrels, alternative storage systems that match or exceed the performance of traditional vessels can make great sense and should be considered. Especially in current conditions, when quality stave wood is in high demand due to the wet 2018 and increased pressure from the mills and manufacturing processes.”

What’s Old is New Again: ReCoop Barrels

Lori Adams is the Director Of Business Development for ReCoop Barrels, a nationwide provider of reconditioned oak barrels. Her customers include wineries, distillers and craft brewers. Located in the heart of Sonoma County, she says she has the unique advantage of easy access to excellent barrels for the reconditioning process.

“We get barrels from partner wineries that have proven maintenance standards and systems,” says Adams. “Others bring in their barrels for reconditioning. We perform a barrel assessment for overall cleanliness, acceptable hydration levels, and stave quality, thickness and general condition. We also look at the winery’s practices as to how they store and maintain their barrels while using them. We’ve also learned that some cooperages don’t do well being toasted a second time. It’s an overall qualification process.”

Because there are no standards or rules for disclosing the use of reconditioned barrels, Adams says that typically large production wineries will not reveal that they are using reconditioned barrels. The medium and smaller producers, however, are generally eager to let the community and their customers know that they are sustainable.

“We don’t keep our reconditioned barrels long term,” says Adams. “We keep our product moving to ensure freshness and maximum usability. With a quality reconditioned barrel, you’ll get another two years of oak extraction out of it. Thereafter, depending on how the customer maintains their barrels, it can be used as neutral once again. It’s just another way to save costs.”

ReCoop is the second oldest manufacturer of reconditioned oak barrels, large and small, and Adams believes that the future is only going to get better.

“We have paid our dues, and now have some of the best winemakers in the world currently using our barrels,” Adams says. “I believe using reconditioned barrels is the future.”

Views From The Vineyard

John Falcone, General Manager and Director of Winemaking at Gainey Vineyards in Santa Ynez, California, uses both wood and stainless in his winemaking, sometimes for the same wine. He replaces a percentage of his older, retired barrels each year, and says his key to producing great wines year after year is consistency in the barrels.

“The whole point is to find a barrel signature that fits the style of wine you want to put out, and then practice consistency. Our barrel lifespan is about six to seven years, transitioning to different wine varietals throughout that time. There are many barrel producers out there, and they all have a story about their wood origins, but sometimes even they are wrong about the source of their supplies, so it’s important to constantly taste from your new barrels to make sure the flavor profile is consistent. The more bells and whistles you want your wine to possess, the more oak power you need in a barrel. Less oak forward barrel aging and fermenting will give you a wine that’s more fruit forward. You need to find a balance that fits your needs.”

All of Gainey’s red wines are barrel aged, needing the flavor and structure that comes from the slow exchange of oxygen in a wood barrel. It results in smoother tasting wine. Some of their white varietals prefer the neutrality of flavor that happens with stainless steel tanks. The tanks are airtight, with no chance of interacting with light or additional aromatics. These wines tend to be more faithful to the natural refreshing fruit essence of the wine. However, Falcone says that even these wines can be run through an older wooden barrel for a couple of weeks before finishing in stainless steel.

“The key is keeping these barrels consistent and serviceable,” says Falcone. “It’s important to stay on a routine. We keep them in cold storage and every six to eight weeks we give them a quick rinse to keep them fresh and swollen and then gas them.

Routine and consistency are also crucial to Silver Oak Winery in both Napa Valley and Alexander Valley, California. They use only American white oak and French oak, so it’s critical they have a reliable, consistent barrel supplier to meet the demands of the award-winning vintner.

“We use, at least, ninety-year-old American and French oak for our barrels,” says Vanessa Hart, Enologist at Silver Oak. “It has the straightest grain with the least number of knots. Surprisingly, very little of the wood is used for barrel staves. It’s only the wood that starts six to eight inches above ground up to the first branches.”

“American oak has more potential for stronger flavor and aromatics when compared to French oak, so that goes into the decision on what type of barrel we use for each wine,” says Nate Weis, Vice President of wine growing at Silver Oak. “American oak trees are grown in roughly thirty states now and are subject to the same variances in their life as grapevines are, meaning the ground they are grown on, the landscape, climate, and nutritional availability. Where they are grown matters, so routine tastings are a must to keep a consistent product.”

Choosing Wine Closures: Cost-Effectiveness, Benefits & Trends

By: Alyssa Ochs

stacks of beer bottles

With wine, it’s not only important to control what’s inside the bottles, but also how those bottles are sealed and packaged. There are numerous types of wine bottle closures available to wineries today, including corks, caps, and seals made from both natural and synthetic materials. The bevy of options poses certain challenges for wine producers looking to choose the best closures for their bottles based upon cost-effectiveness, overall benefits, and current trends.

Types of Wine Bottle Closures

Corks are the most traditional and familiar type of closure in the wine industry, yet these closures come in the form of natural corks, plastic corks, and technical corks. There are also different types of caps, such as screw caps and crown caps, that serve as wine closures. A unique synthetic closure called a ZORK, wax seals, and glass Vinolock closures are also used by wineries to enhance the appearance and quality of the wine.

What Wineries Are Using Today

Every winery approaches bottle closures a bit differently, but certain closure types are increasingly popular and trending right now. Donald E. Hagge, Ph.D., a farmer, physicist and winemaker for VIDON Vineyard in Newberg, Oregon told The Grapevine Magazine that his winery currently uses Vinoseal glass closures and screwcaps. VIDON has shifted to these closure types after using corks in the beginning.

“A percentage of wines that use corks will be either tainted or oxidized after some time in bottles,” Hagge said. “Corks are used for traditional reasons in spite of their problems.”

Sean Comninos, winemaker for William Heritage Winery in Mullica Hill, New Jersey, says his winery uses both Stelvin closures and Diam corks at this time.

“The William Heritage brand is currently 100% under various grades of Diam depending on the aging window,” he said. “We use Stelvin on our ‘Jersey Wine Collection’ brand, as these wines are meant to be drunk immediately and are more for casual enjoyment.”

Comninos said that in the very beginning, all their wines were under the same agglomerated cork. As the winery grew, it began using Stelvin closures for the Jersey brand because it made these wines more accessible and kept oxygen transfer at a minimum. The winery used Nomacork for a little while, but this closure didn’t have the ease of opening that Stelvin offered.

“We were using a combination of agglomerated and natural corks in the Heritage line for quite some time,” Comninos said. “Ultimately, we felt that even though we were spending a lot of money on premium natural cork, and we had too much inconsistency. Many bottles showed cork taint or premature oxidation. The lower end wines felt a bit cheap with the agglomerated corks. I had begun to see a lot of the corks I was pulling from various producers seemed to be made by Diam around 2014 and 2015. Not a single one was flawed, and I felt that the cork had an acceptable aesthetic quality. So, with the 2015 vintage, we switched the entire line to Diam. I’ve been quite pleased with the results due to no TCA issues, no bleed-through corks, or weird oxidative issues at all.”

Popular Wine Closure Products

Many highly experienced companies specialize in bottle closures to help wineries make the best choices for their operations.

Lakewood Cork, an independently owned and operated business in Watkins Glen, New York has been exclusively distributing Gultig Corks since 1997. Owner Chris Stamp told The Grapevine Magazine that his most popular closure is a micro-agglomerated cork called Carat. He said that one of the drawbacks of using natural cork for wine is the potential for cork taint, but with Carat, the supplier uses a patented cleaning process to eliminate cork taint issues.

“The construction of the cork provides a consistent surface that is nice for branding,” Stamp said. “In addition, this cork is one of our least expensive closure options.”

Richard Smith of Tecnocap in Glen Dale, West Virginia, said the tinplate continuous thread closure is a common closure among wineries today. This type of closure is relatively inexpensive and seals bottles effectively. Another closure that is ideal for wine bottles is Tecnocap’s Espritbonnet.

“This is a plastic closure with a customizable metal overcap,” Smith told The Grapevine Magazine. “When used with a capsule, the bottle has a similar appearance of a corked bottle. The metal can be customized with solid colors or elaborate graphics. The liner typically is an expanded polyethylene foam, but other liners can be used that match the needs of the individual winery.”

Liz Green of Mala Closure Systems in Petaluma, California, said that her company currently only manufacturers screw caps. She firmly believes that these closures are great alternatives to cork.

“We don’t like to promote any superiority in closures since the sealing mechanism can actually have a great deal to do with the final stages of the winemaking process,” Green said. “What our customer’s find is that screw caps, also known as BVS finish or ROPP finish, are often more consistent than cork and capsule. The great thing about BVS in wine is that it’s all a standardized size, no matter the volume.”

Cost-Effectiveness of Wine Closures

Every type of wine closure that exists has its pros and cons, but some of these factors are more important than others for wineries. One top factor to consider is cost-effectiveness, and companies offer a comprehensive range of closure options to fit any budget and product type.

Bobbi Stebbins of Waterloo Container, a supplier of wine bottle caps, corks, and closures in Waterloo, New York, has found that cork customers tend to have a predisposition towards natural or synthetic cork before they call Waterloo for their closure supply.

“Corks are often the most cost-effective closure, for smaller wineries especially, as they require nothing more than a basic hand corker to apply,” Stebbins said. “Natural agglomerated cork options maintain the appeal of cork at an unbeatable price point.  Disc-style corks offer a ‘step up’ from the agglo corks with natural punched cork presenting at the opening and in contact with the product. Colorful PVC capsules combined with customized cork options can elevate even the most inexpensive cork to a worthwhile opening presentation.”

Stebbins went on to explain that synthetic or plant-based cork options are often able to endure more challenging storage conditions compared to natural cork. “This allows wineries to purchase larger quantities at savings while not worrying about the product expiring or drying out, which results in savings in the long-term,” she said. “Storage conditions are not always ideal; thus this type of cork option with a longer shelf life maximizes value.”

Wine Closure Trends

Trends come and go over time, yet it’s smart to learn about emerging technologies and note where the closure industry is headed.  Concerning trends, Hagge of VIDON Vineyard said, “More wineries are using screw caps each year.”  Stebbins has also been seeing a trend toward screw caps. Many of the company’s medium-size and large wineries are making the switch to Stelvin brand capsules.

“The screw cap can be customized to suit a brand, specific to desired oxygenation levels, and offer consistency from bottle-to-bottle that a natural product may not always provide,” Stebbins said. “The outlay cost of specialized cap application equipment may be daunting to smaller wineries; however, those using co-packers or mobile bottling services are very willing to make the switch.”

Meanwhile, Comninos has been noticing a trend of prioritizing more consistency, whether that be by use of screw caps, Diam, or some other closure to ensure that each bottle tastes the same no matter its closure.

“Every cork producer out there will say they have the best cork, but the very nature of the bark is highly variable,” Comninos said. “The days of a romantic attachment to solid, variably porous pieces of cork are over, in my opinion. I feel our customers deserve to know that they are tasting exactly what we intended to sell them.”

Comninos also believes that cans are a great closure and packaging system for certain types of wine. “Portability and smaller-serving sizes are very appealing to a broad range of people. We obviously will not be canning our higher-end products, but look for a rosé, off-dry white, and a red [in cans] from us in late spring or early summer.”

Stamp of Lakewood Cork has seen a definite uptick in demand for the G-Cap, which is a Stelvin-type closure.

“While demand for traditional corks has remained fairly strong for us, we see an increase year-after-year for this alternative,” Stamp said. “They are attractively priced when compared to a good quality cork and provide a consistently perfect seal. They are available in numerous attractive stock colors, with optional printing. Many people like the twist-off convenience these caps offer.”

Mala Closure Systems’ Green said that as with so many industries in California, there’s been a movement towards recycling and environmental sustainability in the wine closure industry. “I personally believe, and it is my experience, that this trend lends itself more to screw caps due to the fact that aluminum is infinitely recyclable, whereas cork is not,” Green said. “Corks that go into wine bottles can only be used once due to potential bacteria growth and contamination.”

Top Considerations for Choosing Wine Closures

There are many things to consider before settling on a new type of closure for your wine, and, fortunately, there are many experienced professionals on-hand to guide you through the selection process.

Stamp of Lakewood Cork said that as a winemaker, he chooses his closure based on the type of wine he is bottling. For example, he leans towards a straight, natural cork for a wine that will benefit from extended aging.

“These are more expensive than some other options, but they have a great track record for protecting wine while letting it evolve nicely for many years,” he said.

However, Stamp has found that lower-priced wines that aren’t meant to age for six or more years tend to be good candidates for Carat closures.

“Our Stelvin-type closure called ‘G-Cap’ is also a good choice, as the wine evolves differently under the hermetic seal of these caps,” he said. “I think it is important to consider your clientele’s expectations when selecting a closure. Whatever you select becomes part of the package. The package communicates with your customers.”

When assisting wineries in choosing a closure, Green of Mala Closure Systems asks wineries what their primary goals and most important values are in the winemaking process and then reminds them of the ways that screw caps can assist in that process. These reasons could range from sustainability to long-term aging of wine, wide-ranging production, marketing prominence, and other considerations.

“As this point in time, the stigma of screw cap bottled wine being ‘cheap’ is going away pretty quickly,” Green said. “This is because we’ve now had more than a decade, almost two, of wine in BVS or ROPP bottles with scientific evidence that it operates in more efficient and consistent ways than in cork-sealed bottles.”

Smith of Tecnocap’s piece of advice to wineries is to imagine that every wine is a discovery. “You want to use the best closure for your process, the varietal, aging, consistency, and the other factors which are important to you,” he said. “Take advantage of the technology today to produce your best product.”

Finally, Stebbins of Waterloo Container emphasized how a wine closure company’s thorough product knowledge and useful recommendations can shape customer experience.

“Often, the client’s brand determines the bottle and the closure, which is to say that marketing may have already determined the price point, look, and experience the winery is working to achieve with any particular bottle of wine,” Stebbins said. “The closure needs to fit those parameters to reach the overall goal. Knowledge of the customer’s brand and preference is key when guiding their closure decision.”

Designing a Commercial Production Winery with Expansion in Mind

By Piero Spada, LLC


Are you starting a winery while only considering what it will take to open your doors on day one? That’s a great place to start but big picture that can also be a huge mistake! Most wineries I have worked with experience at least 1 major expansion (if not 2) in their first 5 year of business. WHY? Well, in short because their business demands it. In the first 3 years you are likely to hit your stride and have a much better idea of consumer demand, and in turn your business will need to match that demand with supply (basic business 101). Generating more supply will require a larger working area in which to create and store the wine.

Consider this, in Wisconsin alone, it has been estimated that only 4% of all wine sold in the state is produced in the state of Wisconsin. WOW! The same is true of most cold climate production areas, where growing V. vinifera varietals is not an option. The point here is there is a lot of room to gain market share but only if you’re poised to capitalize on this opportunity. Don’t let poor upfront winery layout be a deterrent to future building expansion plans.

Below, we’ll cover the basic construction elements of a startup production winery, while considering the most efficient means of expansion. There is not a one size fits all solution to this conundrum but certain elements remain true from project to project. Note, this article doesn’t cover the necessary legal hurdles, nor am I certified electrician, plumber, contractor, or in the “trades” whatsoever. Outlined below are the nuts and bolts (or raw essentials) of what needs to be discussed with a professional in their own respective field or general contractor.

Size / Scale / Layout

The minimum suggested scale for a commercial winery that I typically recommend is in the 1000 – 2000 case size. For the most part, this starting scale is needed to justify the upfront cost of starting a winery (building cost, commercial wine equipment, etc.). For a 1500 case winery, plan on a minimum building size of 3,500 ft2 with roughly 1/3 space devoted to tasting room and 2/3 production/finished case storage. Obviously you can add a porch, office, event space (to be discussed), kitchen, etc. as you see fit. In the production area, other space “hogs” not considered here are: a separate barrel room and warehouse room for stored cased goods (the most common space obstacle that beginning wineries face).

Other than getting the minimum dimensions correct, the one big tip I can offer once the area of expansion has been identified, is to keep in mind how future building additions will tie together. Elements such as: roof line, utilities, placement of windows and doorways, and wastewater drains. These elements should be discussed with your architect, contractor, and/or builder before the initial winery building construction commences.

Electrical Power

At the aforementioned starting scale, at least 200-amp electrical service to your building should be installed. Ideally 400-amps of electrical service will provide more than ample power for your startup winery with significant room to grow into while keeping expansion in mind. And with regards to voltage, in general “Smaller boutique wineries, 10,000 square feet or less, require 208 volts. Motor sizes are generally 20 horsepower or less…” 1. This is a general rule of thumb, and for one or two pieces of equipment that require 480 volts it may be less expensive to have a transformer bump-up voltage to 480 volts for those two pieces of equipment than having 480 volts delivered to the building and having to step-down the voltage for all remaining piece of equipment on 220 volts.

Single Phase electrical power is an okay starting point at this scale but if you have access to 3 phase (common near urban / industrial parks/ large scale farms), I’d recommend tying into that upfront. At larger scale, most large pieces of equipment utilizing a frequency drive or motors at greater than 5 hp demand 3 phase electrical power.2 However, the need to upscale to 3 phase power depends on your end-goal production. If 3 phase power is only needed for several key pieces of equipment (press, destemmer/crusher, tank mixer, monoblock bottling line, etc.), purchasing a phase converter may be all that is needed. Ultimately there is a lot to consider here and your electrician should determine what supply is needed to meet your peak electrical load.

Water Supply / Wastewater / Drainage

For sanitation, you’ll want an on-demand hot water heater capable of hitting 180-185°F (commercial grade units start out ~$1500). In order to maintain 180°F for prolonged periods of time, the min. recommended flow rate is 1 – 2 gallon per minute. The on-demand water unit can have dual functionality as it can be used to sanitize winery production equipment on the production end and it can also be used to sanitize stemware on the tasting room end.

In the production area, figure on having 1-2 water access points (hose bibs) per wall. Minimizing the distance between heat source and end-point should be considered in order to increase efficiency and decrease heat loss. And lateral water lines that carry water from the source to its endpoint should be at least ¾” in diameter, as opposed to the standard ½”.

For wastewater management, there is no universal system that is suitable to all wineries. The four most common options to choose from include: surface spreading, aerobic biological treatment, settling holding tank / septic tank, or municipal sewage system (easiest if available near you).

The placement of such systems should be outside the zone of potential expansion! For example, placing a holding tank or septic tank in area that is in the area of possible expansion is going to cost you a pretty penny to have it moved out of the way – an easy fix that could have been avoided with prior proper planning.

Each winery should consult with local authorities to determine the best course of action. For more information on this topic see Winery Wastewater Treatment by Bruce Zoecklein.3

Just as water use is a ubiquitous part of winemaking, so is its removal from the winery (typically done by a drain system). Take into consideration figures A) and B). In this scenario if you likely know that production area will expand outward (the 40’ x 40’ area on the right side of the picture in Figure B), adding a connection point for the trench drain that is near the right wall in section A, will allow for a seamless transition. In this scenario the builders won’t have to tear up the concrete floor in the current site to tie the drain system in to the new site. And if the current winery floor has in-ground (radiant) heating and you haven’t planned accordingly? Your cost has just skyrocketed.

Building Ceiling Height

In the Production area, the ceiling height should ideally be at least 16’ high. Why? For two reasons: 1) this allows you to stack 2 pallets of empty glass high during bottling (note a minimum 14’ is needed for filled bottles, assuming cases are stacked 5 high/each pallet and 2 pallets per column) and 2) as your production volume increases size, so will your tank size – having tall ceilings allows for larger tanks! In short, as tanks often increase in size a greater rate upward than outward, investing in tall ceilings upfront makes it a lot easier to increase wine capacity.

Misc. Items that Should be Considered

a) Outdoor Crush Pad: At the starting scale of 1500 cases, a good size crush pad is 30’ x 30’ but could easily be 50’ x 50’ off of the production-end. One of biggest mistakes I see, is having a crush pad that is too small. During harvest and crush you don’t want to be working in the mud! Like all production areas, the concrete that is poured should be able to withstand the weight of a forklift, pallets of bottles, tanks, etc. (typically 5” or greater in thickness). In addition, due to local wastewater runoff regulations, one may need to install a specific wastewater containment system on your crush pad.

b) Garage Door: Cater the winery’s overhead garage door to the largest piece of equipment that will need to enter your building. Sometimes this is a tank, or a press and other times it may be mobile bottling line or semi-trailer. In the last scenario, a minimum clearance of 13’ is often required in order to properly back a mobile line into the winery.

c) Loading Dock: Although not an absolute necessity in the beginning, a loading dock with a docking plate (height adjustable) makes loading and off-loading logistics much simpler that taking the forklift to the back of semi and using a palette jack to move items to the back of the truck for pickup (Figure C). Unloading and loading glass in this manner can quickly become cumbersome and inefficient.

d) Production Floor Sealant: Production floors must be able to withstand a battery of abuse from constant foot traffic, heavy loads (forklift / pallet jack), and should be chemical and water resistant. In addition to being able to withstand the wear and tear of winemaking, the floor should be user friendly (i.e. slip resistant). In order to get the most out of your concrete floor, consider using an Epoxy Resin and Urethane protective coating. Doing so will increase the longevity of your production floor and there are many products on the market to choose from. For more information see “Finding the Right Floor System” (GVM Nov./Dec. 2017).

Event Space / Tasting Bar

Last but not least, the bulk of this article is viewed through a production lens. However, I would be remiss if I didn’t at least mention the sales side of a winery building. After all, when you’re not busy making it, you should be busy selling it.

Without a doubt, the wineries that I’ve bared witness to with the fastest rates of growth are hosting events (weddings, rehearsals, private parties, live music, craft shows, food & wine pairing dinners, part of wine trails, etc.). Other than having the obvious space to hold events, you must have in place the appropriate support amenities: prep. kitchen, restrooms, storage space, etc. And according to your local building code, make sure your plans have been submitted to ALL local and state authorities (Commercial Building inspector) before starting construction! I recently heard of one horror story involving a winery that built a special events barn to the tune of $400K only to find out from a state inspector after construction that it was out of code due to the building’s occupancy capacity. It needed a fire mitigation system to comply with the state building codes – tack on another $120K after the fact — Ouch!

For the tasting room, the two tips I can give you is with regards to flow of people. First, have a dedicated and segregated checkout area that is separate to your tasting bar. Ideally, this checkout area would be located right next to the exit of your building. Secondly, on busy days when you need to setup multiple tasting bars to cater to all your customers, devise a plan that considers flow from both a customer and staff perspective. Planning and implementing these flow through systems are important to efficiently moving traffic in / out of the tasting room. For more information on Visitor Flow, see “Trends in Winery Construction that Maximize Revenue” (GVM, Nov./Dec. 2017).

In short, putting in the upfront effort to implement some simple layout considerations for your new winery can help save significant money down the road when in comes to expanding your production area. After all, in this business, there is no shortage of places to spend money elsewhere.

Happy Winemaking!

Many thanks to Ryan Prellwitz of Vines & Rushes Winery for his input and review of this article.