Grape Variety Petitions & American Viticultural Area (“AVA”) Petitions

Grape Variety Petitions

Certain domestic wineries may seek to use grapes in their wines that are not formally approved by the federal regulations of the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). 

This clash between vintner and regulator often comes about when the winery wishes to produce a varietal wine — i.e., a wine that qualifies for the use of a single grape name on the label — with a grape the TTB does not permit to be used in a varietal wine. 

When this happens, the winery usually has two options: (i) remove the reference to the grape altogether or (ii) file a petition with TTB seeking approval of a new grape variety. 

If the winery can convince the agency that there is sufficient reason for the petitioned grape variety to be approved for industry use, the TTB will publish a notice in the Federal Register, inviting industry commentary. TTB will then determine whether or not the grape variety should be approved or rejected. If the variety is approved, it will be published by TTB in the Federal Register as an accepted grape variety and should eventually be codified into federal law. 

Whether you are a single industry member or a group of interested parties seeking to obtain approval for a new grape variety, Lindsey Zahn P.C. has experience advising clients on new grape varieties as well as drafting and submitting grape variety petitions to the TTB. 

AVA Petitions

Not unlike a grape variety petition, domestic wineries or grape growers can apply to establish a new American Viticultural Area (“AVA”) so their wines can use the region’s name on their labels.

This is accomplished through an AVA petition submitted to the TTB.  They are usually involved affairs that contain significant evidence substantiating the establishment of a new AVA, such as boundary evidence, soil studies, maps showing differences in elevation and overall topography, and evidence that the name is recognized and/or established.

If, on evaluation, the agency concludes that the petition is perfected, the TTB will determine whether or not to proceed with rulemaking and invite industry comments by publishing a notice of proposed rulemaking in the Federal Register. The agency will review all comments received, as well as any other relevant information, and may take one of several courses of action:

• Prepare a final rule for publication in the Federal Register establishing the AVA with or without changes
• Preparing a notice for publication in the Federal Register withdrawing the establishment of the AVA and setting forth the reasons for withdrawal
• Draft a new notice of proposed rulemaking setting forth a modified AVA action for public comment or
• Take another action as allowed by law

While the approval of an AVA petition can create valuable consumer and market awareness of a specific region — especially in new or newer winemaking regions — drafting a petition can require a significant amount of work. Industry members not familiar with the AVA petition process may be overwhelmed by the number of regulations as well as the variety and nature of supporting documents to be included. 

Grape Variety Petitions and AVA Petitions: Services

Lindsey Zahn P.C. can work with your winery, grape growing region, and/or trade group to unlock the value of your grapes and wine growing region. Among other services offered, the firm can assist with:

• Drafting, reviewing, and/or overseeing the full preparation of a grape variety petition to establish a new grape variety under federal regulations
• Drafting, reviewing, and/or overseeing the full preparation of an AVA petition from start-to-finish, from collection of materials and documents to assisting with name recognition, boundary evidence and descriptions, distinguishing features, and map development

Recent Representations 

Some recent representations include: 

• Drafted and filed a grape variety petition for the addition of a new grape variety for use as a variety on American wine labels, receiving administrative approval from TTB
• Advised a wine region on and oversaw the drafting of an AVA petition for the establishment of a new AVA contained within a larger AVA

For more information about how Lindsey Zahn P.C. can help your company, please contact us at lindsey@zahnlawpc.com.

Prior results do not guarantee a similar outcome.