Category Archives: Law

Wine Law 101: Silly Alcohol Laws Edition

Posted on June 29, 2011 by Becca| 4 Comments

Every state has its own laws regarding the sale and consumption of wine and other alcohol.  Some may be legit, but others are just plain silly!  Today’s post is a light-hearted break from the heavier scientific reviews, and highlights just a few of the many laws related to wine or alcohol in the United States.  Since laws change all the time, it’s possible some of these are no longer in effect.  I also can’t confirm the accuracy of some of the sillier ones, but I really wouldn’t put it past state governments to enforce them.  ;)  

This is all in good fun, so enjoy!

Alabama:  Just below 40% of the counties in Alabama are “dry”, as in they don’t allow the sale of alcohol.  However, within those dry counties, it is not illegal to possess or consume alcohol.

Alaska:  In Fairbanks, Alaska, it is apparently illegal to feed alcohol to a moose. 

Arizona:  Once identified as being intoxicated at a bar or other establishment, a individual is only allowed to remain for 30 minutes.  This gives a “sober person to arrive at the premises and drive the intoxicated person home”.

Arkansas:  Depending upon what sort of alcohol license an establishment has, the hours alcohol is allowed to be served differs.  A ‘Class A Private Club’ license allows alcohol to be sold from7am to 2am; ‘Class B Private Club’ licenses allow alcohol to be sold from 10am to 5am; and ‘Restaurant’ licenses allow alcohol to be sold from 7am to 1am.

http://www.packagingdigest.com/photo/149/149038-little_red_riding_hood_v2.jpg

California:  It is illegal to sell alcohol beverages within 5 feet of a cash register in a store that sells both alcohol and motor fuel.  Also, in 1990, Empire, CA banned a traditional version of the famous book “Little Red Riding Hood” because there was a bottle of wine in the basket Little Red Riding Hood was taking to her sick grandmother, and the local school board thought it would encourage underage drinking.

Colorado:  It is illegal to ride a horse under the influence.

Connecticut:  You still can’t buy alcohol in CT on Sundays, which makes them the last state in the Northeast to retain the old rule.

Delaware:  Passengers in a vehicle may consume alcohol, though the driver may not drink and drive.

Florida:  “40’s” are illegal in Florida.  Alcohol must be packaged in either containers of 32oz or less, or 1 gallon or more.

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Georgia:  This has nothing to do with wine or alcohol, but was so ridiculous that I can’t help but post it (I pray it’s true!!!);   Goldfish may not be given away to entice someone to enter into a game of BINGO. 

Hawaii: Another one not related to wine or alcohol, but I suppose risk of it occurring is increased when inebriated; in Honolulu public parks, it is illegal to annoy any bird.

Idaho:  Possession of an unregistered, unlabelled keg is punishable by a $1,000 fine or 6 months in prison.

Illinois: In Chicago, it is illegal to give a dog whiskey.  In Pullman, it is illegal to drink beer out of a bucket while sitting on the curb.

Indiana:  It is illegal for liquor stores to sell milk and cold soft drinks.  However, they are allowed to sell soft drinks at room temperature.

Iowa: It is illegal to start a tab at a bar in Iowa.

Kansas:  I don’t know if this is really a law, or just something a crazy Attorney General dreamed up, but it’s too ridiculous not to post:  One Kansas AG claimed that drinking in an airliner above was forbidden by state law while the plane was over “dry” Kansas airspace, since he claimed that “Kansas goes all the way up and all the way down”.  Oh my….

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Kentucky:  It is illegal to ship alcohol to Kentucky, even if it’s just a bottle of wine for your mother, unless you want to be charged with a felony and go to jail for the next five years (sorry, Mom and Dad, no VA wine for you!).

Louisiana:  Underage possession of alcohol is illegal, except for when you are in a private residence and are accompanied by a parent or legal guardian, for religious, medical, or educational purposes.

Maine: You may not possess an unregistered or unlabelled keg, lest you want to incur a hefty fine and/or 6 months in prison.

Maryland: Alcohol beverage writers must be certified as experts by a state agency in order to be eligible to receive product samples and can only receive three bottles per brand.

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Massachusetts:  It is illegal to give beer to hospital patients.  Also, the Pilgrims decided to stop off at Plymouth Rock instead of continuing on to their originally desired destination, partially because they were running dangerously low on booze.

Michigan: Persons may not be drunk on trains.  Also, it is illegal for an underage individual to give an alcoholic beverage to anyone, even if that person is of legal drinking age.

Minnesota:  It is NOT a crime to be drunk in public.

Mississippi: A parent, guardian, or legal spouse may give beer and/or wine to persons 18 and older.

Missouri:  If you are underage and are taking out the trash that contains an empty alcohol container, you may be charged with illegal possession of alcohol (good excuse not to have to take out the trash in Missouri if you’re a kid!).

Montana: A parent or guardian may provide alcohol (in non-intoxicating amounts) to a minor for religious, medical, or educational purposes.

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Nebraska:  Bars may not sell beer unless they are simultaneously making a kettle of soup.

Nevada: In Nyala, NV, one is forbidden from buying drinks for more than three people (other than himself) in a day. 

New Hampshire:  It is illegal to be served alcohol unless you are sitting down.  Also, in Claremont, NH, in cemeteries, it is illegal to get drunk, picnic, enter at night, and enter by one’s self if that person is younger than 10 (but if you’re 12 that’s OK??).

New Jersey:  If you are convicted of a DUI, you are not legally able to get personalized license plates for three years.

New Mexico:  Selling, serving, or giving alcohol to a minor is a Class 4 felony and punishable by up to 18 months in prison.  Eek!

New York:  All liquor stores must be owned by a single owner, who lives within a certain distance of it (which effectively bans chain liquor stores).

North Carolina: State liquor stores are not allowed to advertise.  Also, ABC stores are not allowed to sell anything over 151 proof, all because of one town that cited concerns after one ABC store was selling a lot of 191 proof liquor near college campuses.

North Dakota:  Beer and pretzels may not be served at the same time in any bar or restaurant.

http://www.austinfunblog.com/wp-content/uploads/2010/07/fish_-_drunk.gif

Ohio:  It is illegal to get a fish drunk.  Also, the wine brand “Fat Bastard” is banned for sale within OH borders, to “protect impressionable children”.

Oklahoma:  I can’t resist posting this one:  It is illegal for the owner of a bar to allow anyone inside to pretend to have sex with a buffalo.  Dammit!

Oregon: A parent or guardian may provide alcohol to a minor for religious, medical, or educational purposes.

Pennsylvania:  The law states that a man may not buy alcohol without written permission from his wife. 

Rhode Island: The state of Rhode Island never ratified the 18th Amendment which established Prohibition (Rhode Island must have been one happenin’ place back then!).

South Carolina: It is illegal to sell alcohol on Sundays, unless you are a Private Club.

South Dakota: A parent or guardian may provide alcohol to a minor for religious, medical, or educational purposes.

Tennessee: It is illegal to dare a child to purchase beer.

Texas:  No one is permitted to consume more than three sips of beer at a time while standing.

http://img.slate.com/media/68/021001_WineSpitting_Spot.jpg

Utah:  Wine used in wine tastings must not be swallowed.

Vermont:  VT was considering lowering the drinking age to 18 (since many drive to Canada to get drunk and get in terrible accidents on the drive back), but the federal government would deny them millions of dollars in funding if they passed such a law.

Virginia:  In Virginia Beach, if you’re pulled over and get a DUI, the passenger inside the vehicle may also receive a DUI if they are intoxicated as well.

Washington:  In Lynden, WA, drinking and dancing may not occur in the same establishment.

West Virginia: Bars may advertise liquor prices, but not liquor brands.

Wisconsin:  An underage individual who is married to someone 21 years or older may consume alcoholic beverages with them legally.

Wyoming:  If you are drunk in a mine, you face up to one year in prison.  Also, it is illegal for a woman to stand within 5 feet of a bar while drinking.  Finally, skiing while intoxicated is illegal.

http://1.bp.blogspot.com/_ADR16grZvZA/TTXYsgnHiJI/AAAAAAAAAPU/hS4uaO7Nz-w/s320/drunk-skiing.jpg

I hope you all enjoyed this little bit of silliness!  If you know of other ridiculous laws related to wine or alcohol in your home state, feel free to comment below!


I am not a health professional, nor do I pretend to be. Please consult your doctor before altering your alcohol consumption habits. Do not consume alcohol if you are under the age of 21. Do not drink and drive. Enjoy responsibly!

Posted in Law

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Wine Law 101: What’s In a Name?

Posted on June 21, 2011 by Becca| Leave a comment

In today’s edition of Wine Law: 101, we’ll look at specific naming of wines and the laws/trademarks that protect their overuse.  This post is in no way all-inclusive, but is simply meant to give you a few examples of wine names that have been protected in one way or another, and to show you how/when the names may be used for a wine.

The first Wine Law: 101 post introduced some of the laws regarding the labeling of French wines, and the various requirements regarding what can be put on a label and when.  The post also introduced the term INAO (Institut National des Appellations d’Origine), an organization dedicated to regulating agricultural products (in this case, wine), and ensuring that the products are labeled properly according to their quality level.

The naming of wines is regulated in similar fashion to the products regulated under the INAO, however in this case, they are further regulated by the Protected Geographical Status framework.  This framework, which was enacted into law in the European Union in 1992, is further subdivided into smaller regimes; including the Protected Designation of Origin (PDO), the Protected Geographical Indication (PGI), and the Traditional Specialty Guaranteed (TSG) regime.  This parts together work to ensure that only those products that are legitimately originating in a particular region can be defined and named as such.  This allows the region to maintain a certain quality standard and reputation, without being harmed by potential “knock-offs”.

Some specific examples….

“Why is this called ‘Sparkling Wine’?  Looks and tastes like Champagne to me!”


 

If you didn’t think we had enough regulatory groups in charge, you’re in luck!  Champagne wine, which is protected by the INAO and subdivisions therein, is further regulated by the Comité Interprofessionel du Vin de Champagne regulations.  The law dates back all the way to 1891, when the Treaty of Madrid was signed.  It stated that the term “champagne” can be used exclusively ONLY to those sparkling wines from the Champagne region of France.  Most countries around the world respect this law, and abide by it (though they cannot be forced to).  In the United States, sparking wines may not be labeled as “Champagne”, unless they had approval to use the term before 2006, in which case, they may continue to use the term “Champagne” on their sparkling wines.

The grapes used in Champagne are Pinot Noir, Chardonnay, and Pinot Meunier.  Champagne is produced using the traditional method or Methode Champenoise.  After the first fermentation is complete and the wines bottled, a secondary fermentation occurs after the addition of yeasts and sugars.  In order to get the residual yeast particles out of the finished product, the bottles are riddled (i.e. rumuage) by turning the bottles slightly over a 1.5-2 year time frame.  At the end of this riddling process, the residue is in the neck of the bottle, where it is then frozen.  After removing the cap, the pressure inside of the bottle forces the frozen portion out of the bottle and is then immediately corked, ultimately removing all of the dead yeasts and other residue, and leaving a quality Champagne wine.

Side note:  Did you know the only reason why you see bubbles at all in Champagne/Sparkling Wine is due to imperfections in the glass?  If you had a perfectly smooth glass with absolutely no imperfections, you would never see bubbles in the glass (though they would be there when you tasted it!).  Crazy!

How about a little night cap?:  Port


 

Port (a.k.a. Vinho do Porto or Porto) is a sweet, brandy-fortified wine that is great for dessert, accompanying a cigar, or as a night cap.  The laws surrounding the usage of the Port name is very similar to those for Champagne.  Like Champagne, Port is protected by the European Unions’ Protected Designation of Origin guidelines.  In the European Union, Port may only come from the Douro Valley region in the northern Portugal. 

All over the word, the following terms have been recognized as strictly coming from Portugal, and no place else:  “Dão”, “Oporto”, “Porto”, and “Vinho do Porto”.  Surprisingly, the word “Port” is not such a word.  Any wine from anywhere in the world may be called “Port”, even if it did not originate from Portugal.  In the United States and elsewhere, we are not obligated to follow these rules explicitly, though some have made great efforts to retain the origins of the wine within the name.

There are many different grapes that may be legally used in Port wine, though the most common are Tinta Barroca, Tinta Cão, Tinta Roriz (a.k.a. Tempranillo), Touriga Francesa, and Touriga Naçional.  For white port, the grapes that are most commonly used are Donzelinho Branco, Esgana-Cão, Folgasão, Gouveio, Malvasia Fina, Rabigato, and Viosinho.  Due to its high sugar and high alcohol contents, they make great dessert wines, and have great aging potentials.  I always crave Port wines in the dead of winter, since it helps warm me right up!

How about on this side of the pond?

The main wine in the United States that is protected/copyrighted is the term Meritage.  It’s basically the United States version of a Bordeaux (and since the grapes aren’t coming from the region of Bordeaux in France, we don’t call it Bordeaux!).  The term is a relatively new one, and only came into existence in the late 1980s. 

The Meritage Association (now called the Meritage Alliance), a Napa-Valley group which governs the usage of the term, was created in 1988 to try and come up with a term to embody a quality Bordeaux-style blend in the United States.  They decided to hold a contest to try and come up with the name, and after nearly 6,000 entries, the word Meritage (a combination of the words “merit” and “heritage”) was born.

Unlike the naming regimes of European wines, there is a fee associated with using the term “Meritage”.  If a winery wants to name their Bordeaux-style blend, “Meritage”, they are required to obtain a license and pay for the name on a per case basis.  Specific rules for getting approval for a license is that they use grapes found in the Bordeaux region of France, and that the wine seeking approval is the most expensive and highest quality blend available at the winery.  The case production cannot exceed 25,000. 

For a red “Meritage”, the wine must be a blend of at least two of the following grapes, and no one grape may make up more than 90% of the blend: Cabernet Sauvignon, Merlot, Cabernet Franc, Petit Verdot, Malbec, St. Macaire, Gros Verdot, and Carmenere.  For a white “Meritage”, the grapes must include two of the following (and not exceed 90% for one grape): Sauvignon Blanc, Semillon, and Muscadelle.

Side Note:  Meritage is pronounced like Heritage, without “Frenching” it up on the end.

Labeling and naming schemes may be complicated, but if you get a basic understanding of the types of things that you’ve learned today and last week in Wine Law: 101, you should be on your way to being able to pick up a bottle of wine, know exactly what’s in it, and have a general sense of the overall quality of that wine without having to even taste it.

Cheers!

I am not a health professional, nor do I pretend to be. Please consult your doctor before altering your alcohol consumption habits. Do not consume alcohol if you are under the age of 21. Do not drink and drive. Enjoy responsibly!

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Wine Law 101: French Wine Labeling

Posted on June 14, 2011 by Becca| Leave a comment

Welcome to Wine Law 101!  These recurring blog posts will attempt to present various laws or legislature related to wine throughout the world.  

For today’s Wine Law 101, I’m going to introduce the French wine labeling system, in an attempt to help you to understand what exactly it is that you are purchasing when you pick out a bottle at the wine shop.

Interpreting French wine labels can be an overwhelming process.  However, once you understand the basics, picking out the French wine you desire from the store shelves should be a piece of cake. 

The French have very strict laws regarding the labeling of wine, which are under the control of the Institut National des Appellations d’Origine (INAO), which is part of the French Ministry of Agriculture.  The INAO assigns Appellation d’Origine Controlee (AOC) classifications to a designated area in France, and also is indicative to a particular style and quality of wine.  The different appellations of the AOC are named by the area in which specific wines are made (like the different AVA’s here in Virginia; e.g. “Monticello” AVA).  These areas are not all equal in size, and range anywhere from covering 300 villages to covering only 4 acres.

An additional qualification for indicating quality levels in French wine are given “cru” designations.  For example, under the AOC qualification, a wine may be Grand Cru or Premier Cru.  Grand Cru is the absolute highest level of quality for AOC wines.  Grand Cru classifications can be assigned two different ways: one being for the winery itself, or the other for the land which the wine originates from (the latter being the more accepted method).  Like Grand Cru, the classification Premier Cru is also used two different ways:  first, to denote the highest tier of quality within the Grand Cru classification; and second, to denote land of superior quality but which falls just short of the Grand Cru status.

Other terms that are important to know and understand are:

·        Appellation d’Origine Protegée (AOP):  This is the European-wide equivalent of the French AOC.  Denotes the highest quality level of wines.

·        Vin Delimite de Qualite Superieure (VDQS): A level for those regions looking to be promoted to the AOC/AOP quality status.

·        Vin de Pays (VDP):  This is one step below the VDQS level, and what may be described as the wine intended for purchase in the domestic market.

·        Indication Geographique Protegée (IGP):  This is the European-wide equivalent of the French VDP.

·        Vin de Table (VDT): This is the lowest quality level and least regulated of all French wines.

Taking this very basic knowledge, we can apply it to actual wine labels, in order to determine what exactly we are purchasing.  We’ll look at a couple of different wine regions (AOC designations) in France, and how each one is required to label their wines.

Bordeaux

What you’ll find on a Bordeaux wine label are the following bits of information (see the picture for reference):




·        The name of the estate

·        The estate’s classification (which may or may not show the level)

·        Appellation (which will clue you in on the type of grapes used)

·        Bottling information

·        Vintage

·        Alcohol content

·        Volume


Burgundy

Burgundy wines fall under the following quality categories: Grand Cru, Premier Cru, Communal or Village appellation designation, and Regional appellation designation.  Grand Cru is the highest quality, followed by Premier Cru.  Communal or Village appellation designations are slightly less in quality than Premier Cru. Finally, Regional appellation designation indicates the grapes are from a much broader area.  Beaujolais, which is considered a part of Burgundy, has its’ own classification system of the appellations Beaujolais, or Beaujolais-Villages.  Beaujolais covers the entire Burgundy region, while Beaujolais-Villages covers a more specific subset of the Burgundy region.

        

          On a Burgundy label you will find:

·        Vineyard

·        Quality Designation

·        Appellation

·        Producer/Domaine

·        Vintage

·        Commune/Village

·        Volume

·        Alcohol Content

·        Bottling Information

Alsace

In the Alsace region of France, grapes with a German influence are typically grown.  The quality designation and labeling system are also a little different from what we’ve learned so far.  On an Alsatian bottle of wine, you’ll find the following information:  Alsace AOC (an umbrella term for Alsatian wines); Alsace Grand Cru (highest quality of wines from this region); Vendange Tardive and Sélection de Grain Nobles (late harvest wines: e.g. sweet!); Edelzwicker (a term for an inexpensive blend of grapes); and finally, Crémant d’Alsace AOP (sparkling wines made in the Alsace region using the traditional method).

A breakdown of a typical wine from Alsace looks like the following:

·        Appellation

·        Vineyard (or parcel within a Grand Cru vineyard)

·        Grape variety and vintage

·        Name and address of the producer

·        Sulfite notice

·        Alcohol content

·        Volume

This short post provides just a small view of how French wines are labeled, but with this information, it should be a little bit easier for you to purchase your French wines with some confidence (or at least get you started).  Other information you’d need to learn in order to have a strong grasp are what types of grapes are grown in which region, and the quality of particular vintages.  There are many books and website on this sort of topic, though one which I recommend would be Windows on the World: Complete Wine Course by Kevin Zraly.  Find it on Amazon here.

The many laws involved with French wine labeling are understandably confusing, and I don’t expect you all to become pros at interpreting them after reading this post, but hopefully you’ll come away knowing something useful that you did not know before (just think, Grand Cru = high quality!!).

I am not a health professional, nor do I pretend to be. Please consult your doctor before altering your alcohol consumption habits. Do not consume alcohol if you are under the age of 21. Do not drink and drive. Enjoy responsibly!

Posted in Law

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