I receive a lot of questions regarding the legal protection of different types of wine in America on a somewhat daily basis. This entry serves as an overview of the American legal protection of different classifications of wines. Background The history of the U.S.’s protection of intellectual property is one…
Category: Wine Legislation
A Closer Look at the New Wine Trade Agreement Between Australia and the ECs
On September 1, 2010, the 2008 Wine Trade Agreement Australia and the European Communities (“ECs”), which requires Australia to comply with the European GI system with respect to wine products, went into effect. (See Agreement Between the European Community and Australia on Trade in Wine, 2009 J.O. (L 28) 3.) The…
Are More States Encouraging Direct Shipment of Wine?
Contemporary publications indicate that much legal initiative with respect to direct shipment of wine and other alcoholic beverages appear within the legislative bodies of several states. These regulations show a favorable pattern for wine producers: the encouragement of direct shipment of wine products to consumers and stores. The states of…
Georgetown’s Winery Initiative Passes
Last week, on November 2nd, Georgetown voters overwhelming approved the bill known as the Winery Initiative and removed alcohol restrictions that were previously characteristic of the town. Voters approved this initiative “with about 77.8 percent voting in favor of changing Georgetown’s liquor laws.” (See Georgetown Residents Affirm Liquor Law Change,…
South African Liquor Law Changes
The City of Cape Town is to make changes to its new Liquor Trading Days and Hours by-law. The law, which was approved on July 28th of this past year, will now allow hotels within the city to to sell wine and other alcoholic beverages until 2 AM. The law,…
New Virginia Law Promotes Wine Industry
Governor Bob McDonnell of Virginia recently signed a wine bill into law. The new law, which is said to promote Virginia’s wine industry, will work to more than double the size of the state’s wine industry. Prior to the signing of this bill into law, Virginia’s wine industry had received…
Illinois Wine-Tasting Ordinance Creates Uncertainty When Executed
An interesting tidbit emerges today in the world of wine, law, and news: a brochure posted for an Illinois wine-tasting festival seemed to be ambiguous and could be interpreted to allow an indefinite amount of wine consumption by tasters. Last month, the city of Geneva hosted a wine-tasting festival called…
New Iowa Law is Problematic for Wine Businesses
Iowa’s new direct shipment law, which was designed to help the State gross revenue with respect to wine imports, has served as a hindrance to many local Iowa wine businesses. The law, which was approved and instated in July of 2010, changed the State from a reciprocal shipment state to…
Extending The Granholm Interpretation: The Nexus of Illinois Wine Shipment And HB 0429
On July 1, 2007, a bill called HB 0429 became law in the state of Illinois and amended the Liquor Control Act of 1934. (See Illinois Liquor Control Act of 1934.) Prior to the enforcement of HB 0429, Illinois constituents could have wine shipped to them from wineries or retailers that…
Washington State Elections: A Fundamental Change for Alcohol Laws?
The upcoming Washington State elections on November 2, 2010 will determine a key element with respect to restrictions on alcoholic beverage sales. At the polls, constituents will be asked to vote on two state initiatives that could change the state’s alcohol regulatory system, a system that has scantly changed since…