For wineries looking to use Baga on their American wine labels, we have exciting news: Rogoway Law Group successfully petitioned the Alcohol and Tobacco Tax and Trade Bureau (TTB) to add Baga to the list of administratively approved grape variety names for American wines.3 What is Baga? Baga is a distinguished red wine grape variety from Portugal that is very
Introduction to Labor and Employment Issues in Breweries All startups face challenges, but certain recurring issues are especially important to address at the very early stage of a business and throughout the lifecycle of a business. Breweries must be mindful of labor and employment matters, including how they categorize employees verses independent contractors, having employee policies and handbooks in place,
Introduction to Industry-Specific Challenges All startups face challenges, but some industries experience a more specific subset of issues than others. Breweries (particularly larger breweries and sometimes midsize breweries) are at increased risk for failure due to market competition, difficulty accessing funding and other specific commercial relationship risks that can impact accounts receivable, access to inventory and movement of product. Additionally,
Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry. Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs. It also offers financial opportunities for existing wineries with excess capacity. And, notably, in contrast to the
Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license
Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of
The Federal Alcohol Administration Act (27 USCA Ch.8, subchapters I-II, Sections 201-219a, as applicable) (The “Act”) authorizes the US Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (the “TTB”) to be the permitting authority for importers, producers, and wholesalers of wine; and to regulate the advertising and marketing of wine, including as relates
Why B Corporation Certification is on the Rise In California particularly, issues of environmental impact and public impact are at the forefront of corporate and political leadership. In part, this is due to the constant challenges that arise through a highly agricultural geography meeting very tumultuous environmental factors, including drought, fire and flood. This is of heightened importance with industries
Introduction Wineries and beverage businesses face unique challenges when it comes to commercial contracts. From sourcing grapes to distributing wine or other beverages, beverage businesses must navigate complex supply chains, regulatory requirements, and shifting market demands. To succeed, it’s essential to have strong commercial contracts in place. In this article, we’ll explore the essential elements of commercial contracts and the
Introduction California Department of Alcoholic Beverage Control (“ABC” or “Department of Alcoholic Beverage Control”) Licensees are subject to a range of enforcement actions for various statutory and regulatory violations. Indeed, one of the three pillars of the ABC mission statement is enforcement and the Department of Alcoholic Beverage Control engages in a variety of programs to “protect the public” by
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