Supreme Court says wine import fight is ripe for a ruling

INSIDE
Supreme Court says wine import fight is ripe
for a ruling
- ANNE GEARAN, Associated Press Writer
The Supreme Court said it will referee a modem-day fight over state
control of alcohol that recalls the days of Prohibition.
The high court agreed to hear three cases involving state bans that prevent consumers from buying wine directly from an out-of-state supplier.
The dispute pits states and an established network of alcohol wholesalers
against independent wineries that want to sell their products over the
Internet or by phone.
Both sides can point to the Constitution and recent court rulings for
support.
The 21st Amendment that ended national Prohibition in 1933 also
placed control of alcohol regulation in the hands of state governments, as
opposed to the federal government or localities.
Another part of the Constitution, however, gives Congress the power
to regulate commerce across state lines.
Federal courts have reached conflicting conclusions about whether direct shipments are legal and constitutional, and the Supreme Court
stepped in to settle the question.
About half the states prohibit direct interstate shipment of wine to consumers, while others allow it with some restriCtions. States collect millions in taxes from alcohol regulation, and generally claim that the established system helps prevent fraud and underage drinking.
"The historical basis for the (state) structure, as recognized by this
court, is to protect against the collusion, price-fixing and monopolization
problems that existed before Prohibition," lawyers for Michigan Gov.
Jennifer Granholm wrote in the state's Supreme Court appeal.
Michigan requires out-of-state producers to sell alcohol only through
licensed wholesalers or vendors. Wine reviewers Ray and Eleanor Heald
of Troy, Mich., sued in an effort to get direct shipments from out-of-state
wineries, and won their case before the 6th U.S. Circuit Court of Appeals
last year.
The appeals court cited the Commerce Clause in ruling Michigan's law
President's
THIS
ISSUE:
Message
2
Winemakers Forum
2
Chapter News
3
Book Review
3
Grape Growers
Comer
4
Winery Events
4
• July 10,2004 Florida
Estates Winery Wine Wine Class
• August 1,2004 Highlands County -La Tour
Da Vineyards Ag Center.
• August 21 -22, 2004
August Stomp. Lakeridge
Winery & Vineyards.
• August 28-29, 2004
Harvest Grape Stomp.
San Sebastian Winery
WINEMAKER"S
FORUM
Presidents Message
Iemphasized the importance of the issue of
direct interstate shipment of wine in this newsletter because of the impact it has on Florida
wmerIes.
Ihave included the cover story to provide
background on this issue. Iam not too optimistic that the Supreme Court will rule in favor of
the wineries.
As of today about 25 states allow direct shipments of wine to the consumer and 25 do not
including Florida. My hope would be that we
can convince our legislature that allowing the
consumer to buy directly from a Florida winery
is good for our state.
The major opposition is corning from Florida
distributors. They say the state will lose tax
revenue and underage children will be able to
purchase alcohol. As the New York artiCle
points out these are bogus arguments.
Ihoped you all enjoyed the 4th of July holiday. It has even greater meaning as we are engaged in war. Let's pray to God that this conflict is resolved soon and our troops can corne
horne.
See you in the vineyard.
Amelioration- Improving
Wine
Amelioration is a catchall term for various
methods of improving a wine, some of which are
illegal in commercial winemaking. These methods include adding sugar, water, and/or acid to
the grape juice or wine to correct deficiencies.
Federal regulation Title 27 defines amelioration as liThe addition to juice or natural wine before, during, or after fermentation, of either water
or pure dry sugar, or a combination of water and
sugar to adjust the acid level". Anothersection of
the regulation states ". In producing natural wine
from juice having a fixed acid level exceeding 5.0
grams per liter, the winemaker may adjust the
fixed acid level by adding ameliorating material
(water, sugar, or a combination of both) before,
during and after fermentation.
For the sake of uniformity, We will use the governments definition. Any other material used to
improve the wine such as acid is considered an
addition.
To calculate the amount of water to add to
your juice, you need to know the actual total acid
(TA) and the desired TA. The following formula:
1 - (desired TA) = % of water to add
(existing TA)
The following is an example of 50 gallons of juice
analyzed to contain .86 g/100 ml TA:
.75 desired TA divided by the existing TA of .86
=.87
The inverse of .87
tion to juice)
=
.13 (percent of water addi-
Grape Times
June 2004
EDITOR and PUBLISHER
Bob Paulish
bob. paulish@att.net
Questions contact Stacie Lott
(863) 678-0523 or admin@fgga.org
"Friendship is what binds the
'l'lOrld togeth,er in p~ace.
May ~ all becODe friends".
CHAPTER NEWS
MANATEE COUNTY
Kathy Giller
On June 26th our montWy HGGA meeting will be held at
the Grapes of Kath Vineyards with a 4th of July celebration
Immediately following the meeting. Dinner will be served at
6:00P.M.
On August 1st we will have our La Tour De Vineyards.
This will begin at the local A/G center at 12:00 P.M. with a
presentation by Johann Lauchman and followed by a car
caravan to 5 of our local vineyards ending up at Henscratch
Farms for a free hot dog lunch.
On Saturday August 14th we will have the 5th annual
grape harvest festival & winemaking also held at Henscratch Farms.
Then on Sunday August 15th We will have the 2nd annual
Great Grape Stomp Festival held at The Grapes of Kath
Vineyards. We are going to do the old fashioned grape
stomping in big vats with wine instructors giving demonstrations.
CITRUSIMARIONCOUNTY
Frank Ascolillo
The CitruslMarion Chapter holds its meetings on the 4th
Tuesday of each month. We average 25 attendees per month
and this has increased by 3 members this quarter.
We held our Annual Green Roots Growth contest with
15 members competing after a cuttings demonstration, at the
meeting, by potting various green cuttings, Muscadine and
bunch, before the judges. At the next meeting, the judges
will count the number of roots and award the winner's badge
to the entry with the most number of visible roots. The
prize: a CONQUISTADOR plant, second prize: a weeks vacation in Iraq.
Conducted the following workshops with demonstrations for; compo sting, pruning, organic and bio-organic
growing
Had a wine tasting at Sal Iannone's house and had 15
chapter members at John Sirvents and ten at Felicity's open
house
Distributed unusual vines and cutting to the members for
independent growing trials including; southern home, a new
grape was introduced by Louis Royer, mid south, nesbitt, etc.
Most importantly we have adopted the Raison d'etre for
the group, QUALITY, in grapes and in wines. The group has
targeted entering 5 member's wines at the next state fair and
adopted the attached badge.
Mostly we have had a lot of fun (and arguments) resulting in an exciting time for everyone.
•
__ B_O_O_~_E_V_IE_W
_
Winemaking
From Grape Growing to Marketplace
(Second Edition)
By Richard P. Vine, Ellen M. Harkness and
Sally J. Linton
Reviewed by Publisher
Outstanding
in
breadth and coherence,
this definitive review is
designed to embrace the
entire scope of wine culture, including vine horticulture, winery design,
wine processing, wine
quality control, wine
analysis, and wine marketing.
This book translates current literature and
scientific developments into useable knowledge which grape growers, wine makers,
wine educators, and wine marketers can apply towards their individual needs and tasks.
Presented in an easy-to-use, step-by-step
format, the text guides the reader through
the perils and pitfalls, appropriate alternative pathways, and major sources for equipment and materials within the winemaking
industry. Throughout the text, pertinent
regulations and permits enforced by the U.S.
Bureau of Alcohol, Tobacco, and Firearms
are outlined
As a whole, this book is an invaluable
source into the elements of viticulture, enology, and marketing wine for both academia
and industry. It also serves as a solid foundation from which to advance to more technicallevels
(Continuedfrom
It is easy and quick to propagate muscadine
vines with softwood cuttings. The best time to take
cuttings is June or early July. Select current vigorous shoots, cut off and discard the tender tip. Make
cuttings with the rest of the shoot with three or four
nodes on each 4 to 6 inch cutting. Remove the bottom two leaves. Keep the cuttings moist from the
time they are cut until the time they go to the misting bed.
Space the cuttings about 3 inches apart in a
bed of coarse sand or a mixture of peat and sand.
The bed should be under shade cloth to block out
50% of the direct sunlight and should be protected
from the wind. Set them halfway in the bed or two
nodes above ground and two nodes below. Using
misters to maintain humidity, running about 6 seconds every 2 minutes is usually satisfactory. Do not
mist at night or days of high humidity. After 4 to 6
weeks the cuttings will be rooted. Remove the
shade, reduce misting and fertilize once a week
San Sebastian Winery will hold it's 7th annual Harvest Grape Stomp Saturday August 28th from
10 AM to 5 PM and on Sunday August 29th from 11
AM to 6 PM. Celebrate the Harvest by stomping grapes
in the grape stomping competitions running throughout
the weekend. Live music on the rooftop patio.
Lakeridge Winery and Vineyards August
Stomp will be held on Saturday August 21st from 10
AM to 5 PM and on Sunday August 22nd from 11AM to
5 PM. The stomp includes live music, food and wine,
and grape stomping.
Florida Estates Winery Join Florida Estates
Winery's Vineyardist, Cellar Master, and tasting expert,
Ron Hunt as he shares his experiences and educational
knowledge of wine in a detailed wine class on Saturday,
July 10th from 6:00 PM- 8:00 PM..$20 in advance $25
at the door.
page 1)
Supreme Court
unconstitutional.
Attorneys general from 36 states signed a
friend-of-the-court brief supporting Michigan
in its Supreme Court appeal. The high court
should address the confusion from a patchwork of court rulings and regulations, the
states said.
"Moreover, the recent proliferation of
small-production wineries, whose sole marketing and sales agenda is direct shipment with
sales made over the Internet, means that this
area of regulation is increasingly important,
both to the states from a police power perspective and to wineries and consumers," the state
lawyers wrote.
Although the Michigan case and a companion ruling from New York govern only
wine sales. industry groups representing distributors for beer and other kinds of alcohol
also asked the high court to rule in favor of
continued state regulation.
The New York case involved independent
wineries from outside that state that wanted to
ship wine to New York consumers. A federal
appeals court ruled for the state earlier this
year.
Lawyers for Juanita Swedenburg, who runs
Swedenburg Winery in Virginia, told the Supreme Court it is unfair that she must go
through a complex and expensive bureaucracy
to sell her product in New York, while New
York State wineries are allowed to go around
the state distribution system and ship some
products directly to in-state buyers.
The interstate shipment ban is discriminatory and protectionist and reduces consumer
choice, the lawyers wrote.
The wine fight has divided the conservative legal establishment, with both sides hiring
well-known and high-priced names. Former
independent counsel Kenneth Starr is helping
(Continued on page 5)
Years Ago
Supreme Court
to represent a group of Michigan consumers in on~
case, while failed Supreme Court nominee Robert
,Bork is on the other side, representing alcohol
wholesalers.
The cases are Granholm v. Heald, 03-1116;
Michigan Beer & Wine
Wholesalers Association v. H~ald, 03-1120 and
Swedenburg v. Kelly, 03-1274
Direct Interstate Shipment of
Wine in New York, '
Direct interstate shipment of wine got a boost
when the City Council of New York voted unanimously (50-0) to support the measure
proposed by Governor George Pataki
as part of the State budget. The resolution articulated all the ways that direct shipment will benefit New York
consumers, the wine industry, and the
State-consumer
choice, industry
"',
growth, and new revenues.
It also mentioned that U.S. Senators
:Hillary Rodham Clinton and Charles
'Schumer, along with several Representatives of the New York Congressional delegation, have urged the Governor and
legislature to pass this measure; and that the Federal Trade Commission has studied the issue thoroughly and found no problems of underage access
,'or tax evasion in states which already allow direct
shipment. (These are the red herring arguments
used by opponents, which are totally bogus, unsubstantiated, and now discredited.) Meanwhile,
in Albany a small delegation of wine industry
representatives met with wholesaler and retailer
representatives at the request of Senate Majority
Leader Joe Bruno to see if some agreement would
be worked out. The answer: No. So, from here on
it just comes down to pure power politics, and the
key question: Will this be decided based on the
merits, or the money?"
.
.",
',:
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•.
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7'4years ago
June 26, 193O-Grape growers hold an important
meeting-Tuesday evening a number of grape growers representing many communities throughout the
county, held a meeting in the town hall, Pomona, for
the purpose of completing some marketing plan for
shipping the crop now maturing. Two 'years ago the
Pomona chamber of commerce suggested the grape
growing and the county chamber of commerce spon~
sored the project and completed the beginning of this
growing industry. Mr. C. C. Middleton, of Pomona,
is chairman of the club, while Prof. F. K. Knight, agricultural teacher in the schools, is secretary, and
were in attendance at the meeting. The matter of
acreage and estimated tonnage was discussed
throughout, and everyone is optimistic as to the future of the industry. It was decided that the secretary
would work out further details and make a definite
report at the next meeting, which will be held in the
town hall at Pomona, Tuesday evening, July 1st.
June 16, 2004 Courier Journal Putnam County
Submitted by the Throops
HAftVES'r fES'fIVAlS
If you are planning a Harvest Festival, applicaJiop.s need tope sent 30 days priqr to
the event to :
Richard Menendez
Florida Department of Agriculture and Consumer Services
'
,"
Division of Marketing
Room 423, Mayo Building
Tallahasse~, FL 32399-0800
FGGAGEAR
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limited supplies. Send
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FLORIDA GRAPE GROWERS
ASSOCIATION
2004 BOARD OF DIRECTORS
Lakeridge Winery Used Equipment
For Sale
•
Robert Paulish, President
Johanne Lauchman, V. President
James D. Hanger, Secretary
Frank Ascolillo, Treasurer
813-633-8692
863-699-2060
352-787-2260
352-249-9116
Citrus/Marion County Chapter President
George Comer
386-659-2001
Bob Thropp
386-467-2437
Jiang (John) Lu.
850-412-7393
Jerry Mason
386-659-1651
Antonio Fiorelli
941-322-0976
Manatee County Chapter President
Kellie Thropp
386-467-2177
Putnam County Chapter President
Kathy Giller
863-382-4706
Highlands County Chapter President
Don Hopkins
407-884-2034 Ext 138
Marcia Price
850-762-8805
John Sirvent
385-659-2231
•
•
•
Two Willmes 2300 (3 - 5 ton) bladder
presses, stainless basket, rings, auger and
juice pan. 220v/3 phase power, $14,000
each
Mearelli Continuous auger Press, 2-3
tonslhour, 3 phase power, $1500
Steam Generator Seitz Rapid Type DE80,
3 phase, $1100
Aluminum Dock Plate $150
Contact Jeanne Burgess at Lakeridge Winery
jburgess@lakeridgewinery.com or 352-394-8627
Florida Grape Growers Association, Inc
343 W. Central Ave. #1
Lake Wales, FL 33853-4059
Robert Paulish
331 Lewis Road
Lithia, FL 33547
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