ORS 471.802
Wine label designation of American viticultural area
- rules
(1)
As used in this section, “American viticultural area” means a delimited grape growing region approved under 27 C.F.R. part 9.(2)
If the appellation of origin on a wine label is an American viticultural area that is wholly or partially within the boundaries of a larger American viticultural area, the Oregon Liquor and Cannabis Commission may require that the wine label also identify the larger American viticultural area. If the commission requires that the wine label identify the larger American viticultural area, the area must be identified in letters:(a)
At least two millimeters high if the wine container is more than 187 milliliters in volume; or(b)
At least one millimeter high if the wine container is 187 milliliters or less in volume.(3)
Subsection (2) of this section does not require that the name of the larger American viticultural area:(a)
Be included in or near the appellation of origin; or(b)
Be in the same size or font as the appellation of origin.(4)
The commission shall adopt rules specifying any American viticultural areas for which the wine labeling requirement in subsection (2) of this section is applicable. The commission shall, at a minimum, adopt rules to require American viticultural areas that are wholly or partially within the boundaries of the Willamette Valley viticultural area to identify the Willamette Valley viticultural area on the label. For all other areas, the commission shall solicit and consider recommendations by Oregon winemaking industry associations that are associated with an American viticultural area before determining whether the area should be included for purposes of the wine labeling requirement in subsection (2) of this section.(5)
Except as provided in this subsection, an American viticultural area may not appear on a wine label in a manner that resembles all or part of a brand name or appear in lettering that is larger or more prominent than the brand name. This subsection does not apply if the brand name stating or implying an American viticultural area has been in continuous use as a brand name since December 31, 2017, and prior to December 31, 2017, was:(a)
Used in conformance with commission standards;(b)
Subject to a federal trademark registration for wine under United States Patent and Trademark Office Class 33; and(c)
Sold in interstate commerce.(6)
The commission may adopt rules to impose additional wine labeling requirements that the commission deems appropriate. The commission may make a wine labeling requirement applicable to wines produced in some or all of the American viticultural areas in this state. [2019 c.425 §2; 2021 c.351 §157](2)
The duties of the advisory committee may include making recommendations regarding the labeling of wine and shall include, at a minimum, developing recommendations to the commission regarding:(a)
Subject to subsection (3) of this section, American viticultural areas that should be included for purposes of the wine labeling requirement described in section 2 (2) of this 2019 Act, including but not limited to recommendations regarding any American viticultural areas in this state that extend across state lines;(b)
Standards for a winery to request, and for the commission to approve, the use of existing stocks of labels; and(c)
A penalty schedule for violations of section 2 of this 2019 Act.(3)
The advisory committee shall solicit and consider recommendations by Oregon winemaking industry associations associated with an American viticultural area before the advisory committee may recommend to the commission that an American viticultural area be included for purposes of the wine labeling requirement described in section 2 (2) of this 2019 Act. [2019 c.425 §3]
Source:
Section 471.802 — Wine label designation of American viticultural area; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors471.html.
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