Wine law: Difference between revisions

'''Wine laws''' are [[legislation]] regulating various aspects of [[winemaking|production]] and sales of [[wine]]. The purpose of wine laws includes combating [[wine fraud]], by means of regulated [[protected designation of origin|protected designations of origin]], [[wine label|labelling practices]] and [[classification of wine]], as well as regulating allowed additives and procedures in [[winemaking]] and [[viticulture]].<ref name="OCW law">J. Robinson (ed), ''"The Oxford Companion to Wine"'', Third Edition, p. 395, Oxford University Press 2006, {{ISBN 0198609906|0-19-860990-6}}</ref> Legislation affecting all kinds of [[alcohol beverage]]s, such as the [[legal drinking age]] and licensing practices related to distribution and sales, are usually not considered wine laws.

Wine is regulated by regional, state, and local laws. The laws and their relative rigidity differ for [[New World wine | New World]] and Old World wines. Old World wines tend to have more stringent regulations than New World wines.<ref name="Old World vs. New World"> [http://winegeeks.com/resources/107 "Wine Regulations: New World Countries." winegeeks.com.] </ref> Various wine laws, however, may include [[appellation]]-based regulations that cover boundaries as well as permitted [[List of grape varieties|grape varieties]] and winemaking practice-such as the [[French wine|French]] ''[[Appellation d'origine contrôlée]]'' (AOC), [[Italian wine|Italian]] ''[[Denominazione di origine controllata]]'' (DOC), [[Spanish wine|Spanish]] ''[[Denominación de Origen]]'' (DO) and [[Portuguese wine|Portuguese]] ''[[Denominação de Origem Controlada]]'' (DOC). In some [[New World wine]] regions, such as the [[American wine|United States]] and [[Australian wine|Australia]], the wine laws of the appellation systems ([[American Viticultural Area]] (AVA) and Australian Geographical Indication (GIs)) only pertain to boundary specifics and guaranteeing that a certain percentage of grapes come from the area listed on the wine label.

Some wine laws are established by local governments and are specific to that wine region, such as the 1954 [[municipal]] decree in the village of [[Châteauneuf-du-Pape AOC|Châteauneuf-du-Pape]] that banned the overhead flying, landing or taking off of [[aviationflying saucer]]s in the commune which could negatively affect the region's vineyards and wine production.<ref name="MacNeil pg 249">K. MacNeil. ''The Wine Bible'', pg 249. Workman Publishing (2001). {{ISBN 1563054345|1-56305-434-5}}</ref><ref>F. Prial. "[httphttps://query.nytimes.com/gst/fullpage.html?res=9B0DE0D8173EF937A35752C0A961948260 WINE; Identified Flying Object.]" ''The New York Times'', January 4, 1987.</ref>

The oldest known wine laws were created by the [[Roman emperor]] [[Domitian]], who circac. [[92]] AD issued an [[edict]] that banned the plantings of any new vineyards in [[Italy]] and ordered the uprooting of half of the vineyards in Roman provinces. The purpose of the edict was to improve the food supply of Roman cities by increasing the production of [[cereal]]s. There is evidence to suggest that Domitian's edict was largely ignored in the Roman provinces. Domitian's edict, while probably not followed to any greater extent, stayed in effect for 188 years until Emperor [[Marcus Aurelius Probus|Probus]] repealed the measure in [[280]] AD.<ref name="OCW Domitian">J. Robinson (ed), ''The Oxford Companion to Wine'', Third Edition, p. 234, Oxford University Press 2006, {{ISBN 0198609906|0-19-860990-6}}</ref>

In the [[Holy Roman Empire]], the oldest wine law was created by the ''[[Reichstag (Holy Roman Empire)|Reichstag]]'' [[1498]] to combat wine fraud.

In the [[European Union]] (EU), much of the wine law is common to all countries through the [[European Union wine regulations]] which is a part of the [[Common Agricultural Policy]] (CAP).<ref name="EU Wine Laws"> [http://www.defra.gov.uk/foodrin/wine/regime.htm "Cap Regime and Reform." Department for Environmental and Rural Affairs.] </ref> The CAP Wine Regime consists of a set of rules that govern the [[wine]] sector, with the aim of achieving a balanced and open market. The principal features are rules governing [[Winemaking | production]], [[Oenology |oenological practices and processes]], [[Classificationclassification of wine|classification of wines]]s, a range of structural and support measures, detailed rules governing the description and [[Wine label|labeling of wines]], and [[import]]s from non-EU countries.<ref name="EU Wine Laws"> [http://www.defra.gov.uk/foodrin/wine/regime.htm "Cap Regime and Reform." Department for Environmental and Rural Affairs.] </ref>

In addition to regulations that apply to all EU members, each EU country has its own framework of laws which govern aspects of winemaking such as the percentage of a grape to be included in a wine labeled with that variety name.<ref name="EU Local Law"> [http://www.cellarnotes.net/whats_in_a_name.html "What's in a Name: Regionals, Varietals, Generics and Proprietaries?." CellarNotes.net.] </ref> For instance, in France wine professionals acribe to the [[Appellation d’Origine Contrôlée]] (AOC) system, which guarantees the origin of wine and other food products, such as [[cheese]].<ref name="French Regulation">{{cite web|url = [http://winegeeks.com/resources/106 "|title = Wine Regulations: Old World Countries|website= winegeeks."com|url-status = dead|archiveurl =https://web.archive.org/web/20160322214058/http://winegeeks.com.]/resources/106|archivedate = 22 March 2016}}</ref>

In the [[United States]], the wine laws are more flexible than European standards in regards to regulations on what viticultural and winemaking practice are allowed in each wine region. The [[Bureau of Alcohol, Tobacco, Firearms and Explosives]] (BATFBATFE) defines and approves applications for regions to become American Viticultural Areas. This system was established in 1978 with the [[Augusta AVA]] in [[Missouri wine|Missouri]] designated as the first recognized AVA on June 20, 1980.<ref name=ATF>Code of Federal Regulations [http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=27&PART=9&SECTION=22&TYPE=TEXT Title 27, Volume 1] ALCOHOL, TOBACCO PRODUCTS AND FIREARMS</ref> A sizable portion of American wine laws relate to [[wine label]]ling practices and include the stipulations that if an AVA name appears on the label that at least 85% of grapes used to produce the wine must come from that AVA.<ref name=Crowe>{{cite web|first=B.|last = Crowe|website = The Society of Wine and Jurisprudence|url = http://wineandjurisprudence.org/an-introduction-to-appellations/ |title =An Introduction to Appellations|date = 25 January 2013|url-status = dead|archiveurl = https://web.archive.org/web/20141120100139/http://wineandjurisprudence.org/an-introduction-to-appellations|archivedate =20 November 2014}}</ref> In addition to AVAs, every American [[U.S. state|state]] and [[County (United States)|county]] can produce wine and label it under their state/county wide appellation provided at least 75% of the grapes come from that area.<ref name=Crowe/> The state of [[California wine|California]] and [[Texas wine|Texas]] have wine laws increasing the requirement to 100% and 85%, respectively, for use of a state-widestatewide appellation on the wine label.<ref name="MacNeil pg 632-635">K. MacNeil. ''The Wine Bible'', pp. 632-636. Workman Publishing (2001). {{ISBN 1563054345|1-56305-434-5}}.</ref>

The appearance of grape variety (or [[varietal]]) and [[vintage]] year is also regulated by US wine labeling laws with requirements of at least 75% for the grape variety and 95% being [[harvest (wine)|harvested]] in that vintage year for either to appear on the wine label. The state of [[Oregon wine|Oregon]] has increased the restriction for grape variety to 90%, with exception of [[Cabernet Sauvignon]] which under Oregon wine laws can have a minimum 75%. Additionally, all US wine must include the [[Surgeon General of the United States|Surgeon General]] warning about [[Long-term effects of alcohol consumption|dangers associated with alcohol]] consumption and a warning about the possible use of [[sulfite]]s. Several wineries and importers have had conflicts with the BATFBATFE over these labeling requirements, one notable example being the importer [[Kermit Lynch]]. The criticism is typically centered on the absence of inclusion about the potential positive aspects of moderate wine consumption (such as the so -called "[[French paradox]]") and that many wineries are forced to label their wines as "containing sulfites" when the decision to use sulfites are normally not made tilluntil long after wine labels have been ordered and the finished wine may contain no added sulfites at all.<ref name="MacNeil pg 632-635"/>