Mail-Ordered Wines are Becoming Fruitful

Author: Dusty Wetton

In Maryland today, the State Senate passed a measure that will allow wineries to ship directly to Maryland residents, approving the measure 45-0. In Tennessee today, the State Senate approved a bill allowing direct mail-ordered shipments of wine to consumers anywhere in Tennessee, thus expanding a previous regulation that only allowed shipment to cities with liquor stores. In Rhode Island, legislation is pending allowing the same right to its residents. There seems to be a lot of change in the air, but why are some states not budging?

Currently there are 36 states that allow such shipments, but there are few remaining states, such as Rhode Island, that have yet allowed such commerce. States are able to inhibit such transactions under the Dormant Commerce Clause of the Constitution. This clause allows states to control commerce into the state if the federal congress has failed to govern it, or it is part of governance that is not normally controlled by the federal government. The state is allowed to do so as long as it does not create any protective trade practices that favor in-state wineries over out-of-state wineries. Thus, states must ban shipment from all wineries, not just those out of the state. However, some believe that by not allowing shipments directly to residents, it creates a burden on the residents to obtain out-of-state wineries and allows for the local wineries to benefit more. Regardless of the ultimate reason, recent changes are spreading like wild fire in state legislations around this issue and it should bring many transformations to the wine industry as a whole.

In line with these recent changes, here are some tips I learned from a host at Belle Marie Wineries in Escondido, CA (www.bellemarie.com) that changed some of my preconceived notions on wine. First, don’t waste money on wine stoppers. While the top of the line stoppers can afford an elongated taste to the wine, turning over the used and original cork and inserting it back into its original home will do just fine. It will loose aromatics through oxidation, but if it is consumed within a week, it will taste just about the same as the day it was opened. Hopefully finishing a bottle within a week won’t be pressuring any of you to become alcoholics. Another tip I received was that red wine could actually be chilled. Red wine is to be consumed at just below room temperature to get the best taste out of the wine. However, way too many of us place our red wines on our counter-tops in front of windows, next to stove tops, and other places where the temperatures are varying daily. This is not good for the wine, and therefore, it may be best to store the red wine in the fridge and then to take it out about 30 minutes before consumption to let it heat up. Lastly, and on the same note, white wines are not to be frozen upon consumption; they are to be chilled. Thus, take them out of the fridge and let them heat up a bit before consumption. Chilled does not mean cold, its time to break that habit to truly enjoy the efforts behind the wine.

I guess the states aren’t the only ones who are going to be trying to change their habits in regards to wine.

For legal services, comments, or questions regarding this blog, please contact me at dwetton@lauruslaw.com.

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Bottle Shock Part II

Author: Dusty Wetton

It first occurred in 1976 in the countryside of France, and it forever changed the world. It was then known as the “Judgment of Paris”, when on that May afternoon, California wines toped French wines in every tasting category in an organized wine blind-tasting competition. This was a shock to the world, for it was popularly believed that Europe, especially France, made and knew the most about wine. This led to a dramatic boost to the Napa region, and to a growth in California wines in general. And just yesterday, the Associated Press announced that wine sales in the U.S. topped France for the first time in history.

While of course this figure is not as exciting as it could be, as per-capita consumption, the French are still well ahead of America, but still, the jump in wine sales sheds light on a potential trend for vintners around the world. The studies were completed by the Wine Institute, Gomberg Fredrikson & Associates, and the Nielsen Company. Boosts in the wine industry over the years can be attributed to a larger population of wine-lovers, a smaller world due to globalization, and a wider variety of wines. Even during the recession, the wine industry saw a continued growth.

In this study, California topped the country in its production of wine. According to the associated press, the report is based on trade shipments of wine, thus, it is based upon wine being consumed at a variety of venues and retailers. Yet still, in the lands of laws and economics, noticing trends is vital, and thus as a vineyard, wine retailer, or distributor, it is important to be ready for the potential growth and popularity boost of wine culture here in America. What record is going to get broken next?

For legal services or questions regarding this blog, please contact me at dwetton@lauruslaw.com or find out more at www.lauruslaw.com.