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The Quarterly Newsletter of the Virginia Vineyards Association Vol. 27 No. 3 November 2011 Winemaking Perspective President's Corner ... on the 2011 Vintage Bill Tonkins, VVA President Emily Pelton, Veritas Winery volunteered to be considered for the appointment of President of the VVA because I thought it would be n putting together this article I can- the vineyard. As a winemaker it was a I a great way to meet wonderful and knowledgeable vased my colleagues in Central struggle to stay ahead of berry splitting, people in the industry and a great educational experi- Virginia, and asked many to con- sour rot and botrytis. Picking decisions, ence. This vintage has proved me right. Wow! I have I needed all the help and guidance that I could muster and tribute a paragraph on the winemaking (which is where the winemaking truly perspective of the 2011 Vintage. Many of starts) were often made not as a result of I have learnt so much more about grape growing than the comments I received could never be the maturity of fruit, but rather as a race the past few vintages put together. printed, some were very funny, like 'how to beat the rain, or the progression of rot. Virginia in Keats’ terms is "a vale of tears and a place does one write a paragraph with only I can distinctly remember verbalizing to of soul-making." It is a place where the hardships and frowny faces?' and some were outright another winemaker early in the reds that difficulties of the weather experienced by grape grow- morose and summed up what many of I had 'screwed up and pushed a vineyard continued on page 6 us could not verbalize without seeming too far' loosing the majority of the crop. borderline depressive. But, such was the When I recounted my ripeness indicators vintage. he said, 'Emily, you did not screw up, VVA President While 2010 provided us with unique Mother Nature let you down.' And so she Bill Tonkins challenges as a result of extreme heat, did, and continued to do throughout the [email protected] 2011 was the polar opposite, handing us remainder of harvest. The vintage was Vice President challenges few have seen since 2003. The Dick Thomas continued on page 9 abundance of rain proved devastating in [email protected] Secretary Tom Kelly VIRGINIA GRAPE GROWERS: [email protected] Treasurer Get Yourself Paid Jim Benefiel [email protected] Riley C. Walter, Walter & Wilhelm Law Group Communications Chair t is beginning to sound like there is your buyer and your rights you can better Turtle Zwadlo an increasing risk of non payment insure a good, lasting relationship with [email protected] to grape growers. Winegrape grow- your buyer. Neither of you want surprises I Advisor ers have a lot at risk when selling their and both of you want a deal that works Dr. Tony K. Wolf products. Care on the front end is the for both of you. vitis@vt.edu first line of defense. But, knowing your Know Your Buyer Office Manager lien and bankruptcy rights, and acting Even though wine grape growers have Katie Meeks promptly, are also important. Growers do experienced strong demand in recent [email protected] have rights, even in bankruptcy. years, some segments are feeling the Grape Press Editor/Production Good Relations effects of weakened demand due to Larry Banner The best situation for all parties is a continued on page 13 VVA Mailing Address solid working relationship. By knowing P.O. Box 91 Clifford, Virginia 24533 Contents: [email protected] 2011 Winemaking Perspective...... 1 Organic is Better-Right...... 10 Special thanks to Emily Pelton, Jay Youman, Heather Balmat, Katie President’s Corner...... 1 Turning Water into Wine...... 11 Meeks, Bill Tonkins, Jeff Miller, Turtle Zwadlo, Christine Get Yourself Paid...... 1 Smithsonian Food Exhibit...... 11 Vrooman, Katie K. Frazie, Kelly Carr, Kyle Kamlade, Regional Reports...... 2-5 Lower Yields Discussion...... 12 Riley C. Walter, Andrew Hodson, Dean Triplett, Paul Anctil, Chris Hill, Pete Johns, Lucie Morton Winterizing Your Sprayer...... 6 Trademark Selection...... 14 VA Wine Council Update...... 6 VVA Sponsored Travel...... 15 Governor's Cup Methodology...... 7 Sustainability Workbook Update...... 15 SA and SAR...... 8 Calendar...... 16 Lower Yields = Better Wine...... 10 Regional Reports

Central Virginia dry outside, perhaps spraying on the detergent difficult conditions any of our growers have solution and then waiting a day or two for it experienced. First the hurricane, then 20 “ of Turtle Zwadlo, Pollak Vineyards to wash out thoroughly. My wife thought this rainfall in less than 2 weeks followed by a Guest perspective: Chris Hill a completely crazy idea. She may have been stalled cold front that dropped temperatures The following is a harvest sinopsys written by right {ow!}. over night and kept a fine mist in the air for 10 Chris Hill who consults with many growers in The lack of sunshine probably had as big an days all contributed to a very challenging sea- the Central Virginia region and is reprinted with impact on the crop as anything. Photosynthesis son. With all that said, some of us had very good his kind permission. I felt his insight was worth and ripening slowed to a crawl, and of course luck with various elements of our 2011 Harvest. sharing in lieu of my regular report. I would growers beset with infections of foliar downy In our vineyard we were pleasantly surprised add a couple of points from my conversations mildew had rates of photosynthesis and ripen- with several varietals that handled these condi- with area growers that he does not mention. One ing slowed further. The growers who used tions well. Our Norton and Cab Franc varietals is that pressure from wildlife was reported as Captan aggressively saw much less downy were the best we have ever grown, with unifor- unusually high this season, one vineyard having mildew than those who relied solely on Prophyt mity throughout the vineyard and the highest a 25% loss attributed to wildlife, and they have and the like. quality of fruit. a deer fence and use bird netting! The other is In the Charlottesville area, in general, Other growers reported that one or two of that many vineyards had at least one if not more our white varieties, Pinot Gris, Viognier, their varietals provided excellent fruit and oth- success stories. Several picks of Petit Verdot Chardonnay, Vidal and Sauvignon Blanc rip- ers, mostly reds, were not up to the standards had great chemistry, and some other reds that ened before the rains really set in. In this regard they expected nor the tonnage they would have survived into the first weeks of October were we were really lucky and those wines are very liked in this year’s harvest. able to be harvested with good chemistry if low good. The red varieties, in general, needing Several growers were forced to pick their yields due to extensive field sorting. Several more time to ripen, and needing to ripen more Chardonnay grapes earlier than anticipated due wine makers said they were happy with the thoroughly to eliminate methoxipyrazine fla- to the approaching hurricane. With Brix counts flavors and maturity of some (not all) fruit even vors in the wine, got caught in the steady rain at 20 to 21, it will take some work to achieve though sugars were low. So, a tough year, the events. The red varieties that were ripest when great wines with this fruit. Our region, espe- most challenging I’ve experienced in my seven the rains began faired most poorly. August was cially those vineyards near the Chesapeake Bay, years in the industry, but still survivable, and a very good ripening month and the Cabernet suffered more damage form this storm than besides there’s no time to feel bad about it. It’s Franc advanced in its ripening very quickly. previous storms. This damage was apparent in already time to be preparing for next year. When the rains began ripening ceased and most vineyards affecting the fruit as well as the From Chris Hill: growers started the wait. A lot of Cabernet trellis systems. Metal posts actually snapped Franc fell apart before the wine makers could When it started raining in September, it like twigs during the storm, heavier wooden realistically use it for red wine. Some Cabernet continued raining regularly for the entire month, posts were bent to 45%, line wires were broken Franc was picked for rosé. In general we lost interrupted only by a few very cloudy days. and some of the vines were whipped in the high some of all the reds but from my perspective the In my household we hang laundry out to dry. winds. The damage to these vines will not be Cabernet Franc took the biggest hit. There was no drying of laundry for the month, apparent until next spring. All we can do now except in the drying machine in the basement. There were no silver bullets this year that is cross our fingers, say a prayer and hope for saved the day. Dropping lots of fruit in the vine- the best. We could have possibly washed the laun- yard helped. Spraying lots of Captan helped. I feel in talking with our growers in the Having a clean, tidy vineyard helped. But in the region that our red varietals suffered the most end, we all lost fruit and most of that loss was damage this season. The high winds of the hur- Winemaking Consultant unavoidable. I thought growers and wine mak- ricane, the heavy rains at the end of the season, www.winemakingconsultant.com ers cooperated with each other very well this the lack of sunlight to properly ripen the fruit season, better than I have ever seen before, and along with the disease pressures of molds and Thomas J. Payette that probably saved more fruit and wine than mildews all contributed to a lackluster crop of anything else. reds. The white varietals seemed to have come Over twenty-five years winemaking The drying (dehydration) of fruit was through these conditions better than our reds. experience employed more this year than previously and it Tonnage on the whole for our region was "Winemaker of the Year" remains to be seen what wines emerge from that also down from previous years. Some of our Phone/Fax: 540.672.0387 practice. This technique should be discussed growers actually had to drop their entire crop more thoroughly in our industry. email: [email protected] due to the damage or the quality. Here in this Next year has started already. Let's get back region, late harvest will be almost impossible. Winemaking solutions focusing on: to work. Several new wineries and growers have Winery and vineyard start-ups joined our ranks in our region. As a whole the Still and sparkling wines Eastern Virginia Report entire Virginia wine industry is growing at a General winery issues By Pete Johns record rate and this trend seems to be continu- ing. I sincerely believe that Virginia is destined The weather conditions here in the Eastern Helping people to enter the wine business to be “the most attractive” place on the east Region of Virginia during the last two months and remain in the business by making of the growing season were some of the most continued on page 3 fine wines consumers purchase and enjoy.

Page 2 Grape Press Regional Reports continued from page 2 coast for celebrities and new investors to enter flavors and nice numbers. Our Albarino was the wine business. As more wineries open, the the best white variety we harvested with pretty, need for quality fruit will continue grow. ripe fruit. It’s through fermentation now and Additional good news is that the third quar- is tasting very nice. The Petit Manseng we ter of 2011 saw a rise in tourism throughout the purchased was beautiful, is currently in fer- Commonwealth and especially in our region. mentation, and should make a very good wine. This is very important to the wine industry The other whites, while displaying less varietal because tourist drink local wines more than character than the wines of 2010, are nonethe- any other adult beverages when they visit an less clean, with the exception of one batch of area. Growth in tourism means growth in the Seyval with reductive notes that we are work- wine industry. ing on. One grower we purchased Chardonnay from got hit by three hail storms throughout Northern Virginia the summer and then a fourth time shortly before harvest. He and his team did a yeomen’s Dean Triplett, Willowcroft Farm Vineyards job of working their tails off in order to get “May you live in interesting times”…. Old us quality fruit. This included multiple post Chinese proverb. veraison sprays and cluster sorting just before Boy, how interesting was the harvest of harvest. It paid off with the best Chardonnay 2011? For the past several years I’ve kind of we have in the winery. I’ve always been very had this nagging feeling that a year like 2003 leery of putting on sprays close to harvest, but would raise its ugly head again. Well, this was this year proved their worth. Had I been a bit our year! Our harvest started off on August more aggressive with the late season sprays in 24th with Muscat Ottonel. This was followed our vineyards I might have had a bit less rot to shortly by Seyval. These two varieties were work through. I’ll talk to growers I respect, as harvested fairly easily without much problem well as Tony and Mizuho, in the off season. I other then some major raccoon damage in hope to work out some kind of worst case spray the Seyval. Then Mother Nature opened up option program to implement should we run the skys and it got wet. First Hurricane Irene into a repeat of this harvest next year, (Heaven came up the coast. We were pretty lucky with help us all should that happen). this one. It dropped about an inch and a half On the less than bright side, there are the of rain with some high wind gusts but little to reds. Can you say Rosé!!! While we are mak- no damage to speak of. Then tropical storm ing more rosé this year than we normally Lee moved up dropping about three inches of would, I think some of the reds have the poten- rain. Again not too bad all things considered. tial to make nice wines. The Petit Verdot, Then a low pressure system stalled out near Chambourcin and Cab Franc are in barrel now. Chicago and just basically sat there for what The Cab Franc is a bit on the light bodied side, seemed like an eternity. The three systems while the other two wines have good color and combined for over 200% of normal rainfall could wind up being the basis for a nice blend. for the month of September. This last system Whereas last year’s red crop was defined by was the icing on the cake though. With chilly, big sugars, few of this year’s reds ripened to damp, cloudy days stretching on for well over the flavor/sugar level we would have liked. a week, ripening just came to a halt. As most The Petit Verdot and Chambourcin had the best of us have heard, Lucie Morton’s advice was, numbers and flavors at harvest. I’ll be curious “pick or perish!” So we picked, along with to see how the wines progress in barrel over lots of cluster sorting. We’d get a break from the winter. the bad weather on occasion and we’d tell As I write this piece in the beginning of ourselves that maybe the reds would ripen up a November, there are vineyards with grapes little. Oh hopeful dreamers! Then a late season still on the vines. And this with ripening pretty Downey mildew outbreak hit what hadn’t been much coming to an end with the snow fall picked. Quick phosphorous acid sprays seemed of October 29th. There also was more than to help slow the disease. We finally picked our one vineyard that had fruit damaged by rot last fruit on October 28th. Whereas last season to the point of not being worth picking. The started early and seemed like a sprint to the Traminette in one of our vineyards got hit so end, this year just went on forever. I forgot to hard by raccoons and then by sour rot/botrytis mention that we got 4 inches of snow on the that I didn’t bother harvesting what little fruit 29th of October. there was. The Traminette in one of our other As rough as this year was, there were some vineyards however came through with much bright spots. The early varieties that missed continued on page 4 most of the bad weather came in with good

Grape Press Page 3 Regional Reports continued from page 3 less rot and less critter damage and made a nice two miles. All fruit had some damage, with the required more than one hedging to keep them wine. We’ve always said that wine is made in earliest varieties getting the lion’s share of the within the trellising. Several vineyards reported the vineyard. In good vintages this is true. A damage. Besides trapping, we also put up bird a greater incidence of secondary and lateral cane year like this will require plenty of work in the netting which seemed to confuse the raccoons development which required more labor to keep vineyard, in the winery, and skill by the wine- a little. One grower I know up in Maryland the leaf-to-fruit ratio in balance. I think this was maker, to make a decent wine. has a very nice vineyard surrounded by plastic crucial for encouraging an early veraison. And A larger than average crop load was an issue mesh fencing with heavy gauge metal mesh as the season progressed, I think this proved that many vineyards in our region had to cope extending 18 inches from the soil line up. to be enormously important when the summer with. At least one grower had berry weights Raccoons chewed through this metal fence in became very hot, very dry, very early. Many of 20% higher at harvest than he anticipated. order to get to the vines. Besides raccoons, we those lateral canes also spawned more than the In our vineyards we saw better fruit set this also had one vineyard that a doe and her fawn normal quantity of berry clusters high in the year with increased cluster numbers in most decided was a nice place to hang out. A black canopy. varieties. Take this scenario into a less than bear also found this same vineyard inviting. Labor needs were much higher this year try- perfect ripening period and you’ve got a real We worked on the fence and got through har- ing to control excessive shading and to remove problem. Some growers dropped quite a bit of vest with only minimal damage from these two all the nutrient-consuming unwanted fruit clus- fruit before harvest trying to save what they critters though again raccoons were a problem. ters developing away from the fruit wire. I think could. While this didn’t help with ripening, it This was for sure a harvest for the record this proved to be a crucial factor in ending may have helped slow the spread of rot by get- books. Vintage definitely makes a difference in the season with good fruit. Also, this was the ting more air circulation around the remaining a continental climate. They say when life hands first year where I saw significant evidence of clusters. you lemons, make lemonade. What do you do micro-nutrient deficiencies. I first thought that In a year that had more than its fair share of when life hands you rotten lemons? I was having a major out break of PM or DM. weirdness, the situation with “critters” was par- The leaves developed major discoloration of ticularly strange. First the good news. Brown Southern Region magenta, purple, stippling of yellow and brown. It wasn't fungus. The excessive heat and lack of Marmarated Stink Bugs did not rear their ugly Paul Anctil, Sans Soucy Vineyards heads in our location to the extent predicted moisture apparently prevented the root system We say it every year but I think this is truly last year. Some growers further west of us did from properly drawing magnesium, boron, and one of those years where everyone is glad the see large numbers, but the incidence seemed to other important nutrients. I have never seen such harvest is in. The Southern Piedmont region be very site specific. I have not heard of any a dramatic effect on my canopy before. Clearly, always presents a challenge for wine growers real problems with these bugs in the winery. extensive soil sampling is needed this year and a but this was one of the most unique years that Japanese Beetles again were absent from most ready supply of foliage grade fertilizer. most of us can remember. The spring was over- vineyards in our region. Also, Yellow Jackets, Comments from the region indicated a com- ly damp and cool for too many days preventing which were present at harvest last year in mon observation: How far along veraison had the calyptra from properly releasing pollen. huge numbers, were mysteriously absent. No progressed before the serious heat and lack (kind of a wet t-shirt effect) The resulting poor complaints here on this one since everyone of rain really impacted the final fruit quality. fruit set was significant. Depending on the involved with harvest or processing of fruit last Varietals that had completed veraison were able varietal the reduction varied from 15- 25%; year got multiple stings. The Honey Bee popu- to complete ripening. Those that didn't complete but we all ended up with sufficient fruit set to lation though did seem to be well represented. veraison never did fully develop proper color or move on to the next stage. Now, the bad news. Raccoons were a major metrics. My Tempranillo, whose name means issue for me again this year. I had to capture The canopies on my farm and most every "the little early one" was really early. We har- and dispatch 36 of them this year. This was one's in the region grew vigorously, too vig- vested that during the second week of August. between 5 separate vineyards spaced out over orously! Hybrid varietals like Traminette Way too early! We don't irrigate but the vines are well established and can survive drought. But they did go into a survival mode and acceler- ated the fruit ripening. I was concerned that they needed more hang time but the metrics were great: Brix 24, PH 3.4, and TA 7. How do you argue with those numbers? We pulled Viognier a week later with brix 23, PH 3.6 and TA 6.5. This presented another chal- lenge: harvesting fruit when day-time tempera- tures hit 90 by 10 am. So for the first time ever, here at Sans Soucy Vineyards, we harvested in the dark. I purchased enough LED head lamps for the whole crew. There are many options when it comes to LED head lamps. You don't

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Page 4 Grape Press Regional Reports continued from page 4 want the real cheap ones, but you don't need season mold growth, and it wasn't the "noble is that there will be major differences depending the most expensive either. I settled for those rot." on where in the state the vineyard is located and that costs about $12 each. I positioned the Now we wait to see if the wine produced the varietal grown. tractor work lights to illuminate the rows and evolves into a good or poor vintage. My guess every worker had his own light zone from the head lamp. Everyone loved the experiment. All the fruit was safely in the cool confines of the winery before 9 am. No flies, no bees, no sticky juice attracting pests, no sweat drip- ping into eyes, and everyone was on their way home by 10 am. I went back through the vineyard later during full daylight to see how many clusters were missed. I was pleased to see that we missed very little fruit. Not enough to be con- cerned about. To my surprise the crew asked that we do harvesting in the dark for all the remaining varietals. I don't know if the dark had anything to do with it, but I didn't detect a single stink bug in the lugs. If you haven't tried picking in the dark, I highly recommend it! The fruit, the grower and the workers all unanimously voted to do it again next year. Hickory Hill Vineyard also experimented with harvesting in the early morning hours and agreed that it was a much more pleasant experience. Everyone in the region reported very little evidence of the brown stink bug this year. They were present but not in great numbers. Maybe the heat held them back. One vineyard, The Homeplace, used hormone traps to deter- mine the incidence of GBM and saw little evi- dence of that pest. They did find evidence of the spotted wing drosophila. I haven't yet, but I really didn't devote much time searching for it. Now that it has been positively seen in the area, we will all have to develop a program to identify and treat the fruit for this invasive pest. The sharp price increases for agricultural chemicals really impacted margins this year. This latest threat won't make things any easier. So this growing season ended with grower satisfaction levels being plotted all over the spectrum. The early part of the season was cool and wet for too long a period. Late spring and early summer brought a series of violent storms, including hail. The extensive heat forced the vines into survival mode. The mid- September rains really affected the later ripen- ing varietals. Many draught-shriveled skins cracked from the sudden infusion of moisture. A few growers noted a sharp decrease in brix levels following the rain. The combination of all these encouraged more than normal late

Grape Press Page 5 Winterizing Your Virginia Wine Most Valuable Asset Council Update Turtle Zwadlo, Pollak Vineyards Katie K. Frazier, Director

Harvest is over, leaves have dropped, and the pump and spray lines for at least 5 minutes. Greetings! As the new Director of the it’s time to reflect on the year and prepare for Capture the antifreeze solution in the system Virginia Wine Council, I’m excited to have next season. As the 2011 season winds down by closing valves and remove all gauges, fil- this opportunity to share updates from the don’t forget to prepare your sprayer for the ters, and nozzles. Store the sprayer inside for VWC with you. With two months until upcoming winter months, you’ll be depending the winter if possible or at least under cover. the 2012 General Assembly Session, there on it again next season. If you don’t have a building or other structure are plenty of issues on the horizon to keep A thorough cleaning is recommended inside available, a tarp and bungee cords will do. us fully engaged throughout the coming and out. Chemicals left on the outside of your Screens and nozzles can be kept in a container year. The election of all 140 members of sprayer can cause rust and corrosion. Water with some light oil such as diesel fuel or kero- the Virginia General Assembly in early and a good brush will usually do the trick. sene. Don’t forget to mark any parts removed November will bring a new crop of legisla- Be sure to collect and dispose of the rinsate and store them indoors. tors to Richmond, and signals a shift in party properly. You should also fill your tank at least Finally don’t neglect any left over chemicals power from Democrats to Republicans in the 25% with clean water and a cleaning agent. from the season. They need to be kept dry and state Senate. Different products are available from all the liquids must not be allowed to freeze. An oil A few months ago we were asked by ABC chemical vendors, most are ammonia based to filled radiator style heater (not ceramic or elec- to provide input and feedback to the agency help break down residue in the tank and hoses. tric coil) with a tip over switch on a protected for a comprehensive regulatory review pro- Circulate the solution through the sprayer circuit works well in our chemical room. cess, which occurs about every five years. and spray it into the vineyard, which puts the These few simple steps will make sure your We submitted an extensive list of suggestions chemicals you are cleaning from the sprayer sprayer is ready when you need it in the spring in mid-October, and negotiations with ABC onto the crop they are labeled for. which will be here before you know it. and other stakeholders begin mid-November. Next run a mixture of 50/50 water and anti- In addition, the VWC has been monitoring freeze, or even better RV antifreeze, through continued on page 7

President's Corner Continued from page 1 ers and winemakers are necessary for the development of individual Triplett points out it was the fruit that ripened early this year that was character. It is a place where grape growers and winemakers achieve more susceptible to rot from the rains! The bottom line is that there needs their full potential to make them the best in the world. All of our regional to be a spirit of cooperation between growers and wineries — what’s reports contain the same trials and tribulations and yet are full of triumph good for each is good for all and somehow a contract needs to be drawn and good expectations. up along these lines. Lucie has a good formula for this. Dean Triplett’s report reminds us of the adage that wine is made in the I have been appointed to the Wine Board as a successor to Dean and vineyard and he goes on to say: “In good vintages this is true. A year like shall try to look after our interests as well as he has done. There have this will require plenty of work in the vineyard, in the winery, and skill by been 2 significant changes affecting the wine industry recently. The first the winemaker, to make a decent wine.” Chris Hill also “thought growers is the Commonwealth Quality Alliance (CQA) initiative, which was and wine makers cooperated with each other very well this season, better covered in our last edition of the Grape Press. This is now gathering than he has ever seen before, and that this probably saved more fruit and steam and the highlight for us is that this initiative will not only promote wine than anything else”. If each of us succeed we will all succeed and in quality standards of Virginia wines but its seal denotes that wines are this respect we have included an article from Emily Pelton on how wine 100% grown, produced and bottled in the Commonwealth of Virginia. makers in the Central Region are making the very best of the vintage to The second is that the Wine Board is funding major changes to the produce wine with more nuances and greater finesse. Governor’s Cup competition and marketing efforts. The aim is to create While there is evidence that grape growers and winemakers have an accurate, consistent judging process that will determine the highest been working well together, this is not always the case. In years like this quality wines being produced in Virginia. Most importantly, the wines there is not only a need for good relations but also for good contracts. will be made from 100% Virginia grapes and details of the vineyard We have, therefore, included an article titled: “Get Yourself Paid.” Some from which the wine is produced will be recorded and maintained in a members may also wish that they had good crop insurance but, as the Dr data base. Jay Youmans CWE, MW has been contracted by the VWA to tells me, this is just like dental insurance. It is not worth it. We will look organize the competition and a copy of the competition methodology is into this and find out more about it for subsequent issues or inclusion in included in this edition. our Technical Meeting. Last but not least, your committee is working hard to deliver what We have also included a blog from Jeff Miller of Artisan Family of promises to be another interesting Winter Technical Meeting and Trade Wines on “Lower yields make better wine. Or do they?” An interesting Show. The content will be based on feedback from last year’s meeting – subject, which Andrew Hodson, Lucie Morton and Chris Hill have made details to follow separately. I look forward to seeing you on the 2nd, 3rd comments on. My thought is that I only wish I had thinned those late and 4th of February at the Omni. ripening grapes that much earlier to help them ripen but then as Dean ­— Bill Page 6 Grape Press Virginia Wine Council VWC Website Continued from page 6 Now Available! the efforts of the DGIF Kill Permit study as session for the wine industry. Whether large or stakeholders, including the VVA, worked this small, we encourage you to provide what you The Virginia Wine Council website has summer on proposals to streamline processes are able, to ensure that our expenses, much like launched! The site will serve as a resource for agricultural producers who suffer from our benefits, are shared fairly across the indus- to keep our membership informed of wildlife damage from deer and bear. This try. It’s our job to be the voice and face for the all legislative activity pertaining to the group has come out with some good recom- wine industry in Richmond, but we must have Commonwealth's wine industry. In addi- mendations, some of which may translate into partners like you to help us be successful! Best tion to providing a snapshot of current legislative fixes this year. wishes for a great end to 2011, and we look for- wine council activity, the site will contain Over the next few weeks the VWC will be ward to working with you in 2012. an archive of past legislative victories, organizing final recommendations for a 2012 past VWC newsletters, information on legislative agenda. We continue to encourage membership and fundraising, and a com- all wineries and vineyards to contact us with prehensive listing of winery regulation any issues that you may be having on a state resources. or local level so we may consider them for Stop by the site and feel free to pro- inclusion in our 2012 Legislative Agenda. vide us with any feedback you think may Outlined below are some of the potential help us to improve. issues that may come up during the next year. During the General Assembly session, we’ll be publishing weekly reports from the Capital to bring you critical information about the The Governor’s Cup progress of wine related legislation. To sign- up for our newsletter, visit www.virginiawine- Competition Methodology council.org. Jay Youmans CWE, MW, The Capital Wine School • ABC Privatization: All indications are that the Governor will likely come back Note that the proposal detailed below is subject to final contract arrangements. to the General Assembly with another proposal on ABC privatization this year. Objective: We’ll engage to ensure that proposals are To create an accurate, consistent judging process that will determine the highest qual- as beneficial to wineries as possible. ity wines being produced in Virginia. The ultimate goal will be to identify the 12 most • Funding for Wine Industry Programs: outstanding wines in Virginia. The top wine from this final stage will be awarded the We’ll be working through the Governor’s Governor’s Cup. two-year budget and General Assembly Judges: to make sure that adequate funding for The Governor’s Cup judges would consist of industry professionals from all levels of the the Virginia Wine Board, the Vineyard industry: retail, restaurant, hotel, wholesale & distribution, press, and education. Tax Credit Program, and the Virginia Winery Distribution Company are con- Ideally the judges would hold certifications such as: Advanced Level Sommelier, Master tinued. Sommelier, Certified Wine Educator, International Sommelier Guild Diploma, Wine and Spirit Education Trust (WSET) Advanced Level 3, or WSET Diploma Level 4, and Master • Local Issues: From streamlining local of Wine. Industry experience would also be an important consideration in inviting trade licensing requirements for wineries to professionals to participate, particularly those responsible for making the buying decisions addressing some specific concerns from at the retail and restaurant levels. No one working for or owning a Virginia winery or vine- wineries regarding their approval of other yard will be allowed to judge. associated activities on site, conflicts with local governments continue to be an Most of the judges selected will be from Virginia, Washington, DC, and Maryland. The issue for the wine industry that may find primary consideration, however, is that the judges possess the skills to accurately assess their way to Richmond. wines under blind tasting conditions. • Remotes: An ongoing concern, and a The Process: very real one based on actions in other Registration and submission of the wines: all the wines would be submitted in early states, is a potential attack on farm win- January. All wines must be received during this time period. Any wines received after the eries’ ability to utilize remote licenses. deadline will be ineligible. We will continue our defensive stance Stage I: The Preliminary Round – Mid-January on this issue, and monitor every bill to Wines will be tasted to determine approximately 120 wines to go on to the Final Round. ensure something does not slip through This round will be conducted over 2 days. There would be a morning and an afternoon the cracks! session. No panel would taste more than 50 wines in a day. As we enter the legislative season, your input, actions and financial support are criti- continued on page 8 cal to the development of another successful

Grape Press Page 7 “SA” and “SAR” Salicylic Acid and Systemic Acquired Resistance Don’t leave yet! This really is interesting stuff! Christine Vrooman The discussion that follows is truly interest- for the difference in flavors are many, but one localized attack by a pathogen. Why is this ing and offers some thought-provoking mate- of these explanations, considered important by of interest to grape growers? Because in rial. Have you ever had the good fortune of many in the scientific community, was very grapevines, this response, known as Systemic eating wild blackberries? Or lying in a field intriguing to me and one I had never consid- Acquired Resistance, “SAR,” produces phe- of wild strawberries as a kid, plucking those ered. nolic compounds which are major contributors lucious morsels of sweetness and plopping While doing some viticulture reading a to the taste, color and mouthfeel of the wine them into your mouth? If so, you know that few years back I came across an article that made from these grapes. The flavor intensity the flavors of the cultivated farm grown ber- picqued my curiosity (see link at end). The of fruit grown in the wild for centuries is a ries of today don’t hold a candle to the intense article discussed the innate ability of plants response to generations of this self-defense. flavor of fruits grown in the wild. The reasons to create a systemic defense in response to a continued on page 9

The Governor’s Cup Competition Methodology Continued from page 7 For the preliminary round, there will be 10 panels. Each panel Scoring: would consist of 3 judges. Each judge would taste, assess, and The scoring would be done using the 100 point scale. The 100 score the wines in each flight. The panel chair would be respon- point scale as defined by the Wine Spectator: sible for collecting and submitting the scores and notes to the Competition Director. The scores and tasting sheets for each wine 95-100 A Classic Wine – Among The Best Wines In The World would be submitted without discussion. The three scores from each panel would be recorded and averaged. 90-94 Outstanding – Superior Character And Style All the wines would be tasted “single blind.” The judges would 85-89 Very Good – A Wine With Special Qualities know the grape or category being tasted, but not the vintage, price 80-84 Good – A Well Made Wine Of Good Quality or producer. The wines will be presented to judges in coded glasses. 75-79 Average – A Drinkable Wine That May Have No bottles or labels will be visible to judges at any time during the Minor Flaws competition. Staff members and volunteers will be instructed to 50-74 Not Recommended (NR) avoid discussing wineries or brand names, whether they are part of 49 & the competition or not. Under No Score (NS) If the judges are faced with an obviously flawed bottle of wine, an additional bottle will be opened and tasted. Gold Great – Outstanding Wines with more than 0.3% residual sugar (r.s.) must have the percent listed on the entry form. Wines entered in categories Silver Very Good defined by r.s. must list the percent on the entry form. Alcohol, Bronze Good residual sugar, and pH will be requested on entry forms. Each wine in the preliminary round will be tasted and assessed Tasting Notes: by two different panels and the scores will be averaged. It is pos- To ensure consistency, the tasting note would be recorded on a sible for a wine to receive a medal, yet not to advance to the final pre-formatted form. This form would include the numeric score, round. During the Preliminary Round, each wine will be assessed and, in some cases, comments by the judge. by 6 judges. Each tasting note will include an assessment of the appearance Stage II: The Final Round– Late January (clear or dull, color, intensity, and other visual observations), aroma Wines would be tasted to determine the top 12 wines in the state. (descriptors as to clean or faulty aromatics, fruit, floral, vegetal, Three panels, each consisting of 5 judges, will assess the wines spice, oak, chemical, animal, and intensity), flavor (dry, off dry, etc. over 3 days. The scores from the 15 judges would be averaged. By RS, character of the alcohol, acidity, body, tannin, oak, fruit, floral, the end, each panel would have assessed all the wines qualifying vegetal, spice, oak, chemical, animal, and intensity), a mention of for the Final Round. overall quality, and commercial suitability. Each wine in the Final round will receive a final average score. The average score and tasting note for each wine will be sent The 12 wines with the highest average score will be identified as to the winery upon completion of the Final Round. These results the “Governor’s Case” (12 wines). The wine with the highest over- will be confidential, and used at the discretion of the winery. The all score will be the Governor’s Cup Winner. In the event that there identity of the judges responsible for writing the notes and scoring is a tie between two wines vying for the “Governor’s Case”, their the wines will also remain confidential. scores will be averaged with scores from the Preliminary Round

Page 8 Grape Press “SA” and “SAR” the multitude of pathogens that thrive here. The Continued from page 8 pressures are many and widely varied. I asked Virginia Tech’s, Dr. Tony Wolf his thoughts on The role of salicylic acid (SA) on vines, in pounds and stimulate SAR? Many organic this topic and he shared the following: particular its effect on powdery mildew, was and biodynamic growers do incorporate wil- “SAR has been recognized for some time researched in a study by Atkus and Guven low bark sprays. At Ankida Ridge, we use and remains an active area of research and (see link at end) in 2007. A little background them in addition to a couple of conventional paper production. Folks have tried a number on salicylic acid: Its history goes back to fungicides. It is hard to measure the willow of the "down-stream" biochemical products ancient times, when in the 5th century BC, bark spray’s efficacy, but after reading the (such as jasmonic acid -- methyl jasmo- the Greek physician, Hippocrates, discovered attached research paper, we will continue to nate, salicylic acid, ethylene, and probably that the bark of willow trees could ease aches use willow bark spray, probably incorporating others....). Perhaps the key to integrating and reduce fevers. It has since been discov- it even more than in the past. Quoting the last these naturally occurring compounds into ered that this bark contains high levels of SA. paragraph of this research paper: crop management is to start with relatively Willow bark has been a natural remedy ever “In conclusion, foliar SA sprays disease resistant cultivars and species that since, and its properties eventually led to the may provide remarkable protection take advantage of a wide range of defense development of the current, commercially against powdery mildew disease of mechanisms to combat common patho- produced compound, acetylsalicylic acid, bet- Vitis Vinifera… by triggering systemic gens. I would disfavor taking a reduction- ter known as aspirin. acquired resistance components. Our ist view that enhancing SAR alone would The referred research shows that the level results suggest that SA treatment holds provide sufficient defense against a compe- of SAR response in vines is affected by promise in substituting for fungicidal tent pathogen such as Guignardia bidwellii the accumulation of salicylic acid. It was control of powdery mildew disease in (Black Rot). However, couple enhanced observed that the external application of SA grapevine.” SAR with good sanitation, good canopy on plants led to a greater systemic resistance We are all well aware, especially after management, and prudent fungicide use, to powdery mildew. Could a spray made of a season like 2011, that in our region it and you have a recipe for sustainability.” willow bark, a natural source of SA, increase is currently necessary to incorporate non- Many questions arise. If we allow a plant the the production of desired phenolic com- organic sprays in our vineyards to combat opportunity to defend itself for a brief period of time, and then spray, would this encourage the vine to produce enough additional flavor- Winemaking Perspective enhancing phenolic compounds worth facing the possible increased risk of disease development? continued from page 1 The challenge would be recognizing that fine fraught with low sugars and immature flavor ing in the winery. Two important observations line when spraying might be too late, with the profiles, that lacked intensity and haunted me came about: 1) The best Cabernet Francs were greater burden being on the larger vineyards with surprisingly high pHs. Those choosing to truly vineyard driven, sourced from vineyards where it might be difficult to monitor closely let fruit hang, were met with downy mildew that just seemed to get less rain or ripened enough. To this question, Dr. Wolf replied: and resulting canopy loss, halting maturity of before other sites. But the really interesting “Allowing the vine's natural defense the fruit on the vine. thing was that in our region we did not find mechanisms to be stimulated makes a heck I am historically hypercritical, and was a huge level of methoxypyrazines. Given the of a lot of sense. But you're right on the therefore very underwhelmed with my early 'numbers' one would expect more underripe, "fine line" part of it. Pathogenesis, the ripening whites. This was until the reds or green fruit characters in the finished wine. development of disease, can occur extreme- started coming in, and I realized they were Not so in our tasting. The fruit was ripe, it just ly rapidly leaving little recourse for the the best wines we had in the cellar. While the lacked the flavor intensity, colors and tannins grower.” 2011 white wines are developing into bal- we wanted due to the constant wet. It would be helpful and interesting to see anced, elegant wines, it will be a challenge In closing, I just wanted to state that if I more research in this field, perhaps even a study to winemakers to provide red wines with the hear the statement "well this is a winemak- on SA’s effect on Black Rot. I am not aware of color, tannin, flavor and style of red wines we ers year" one more time I think my head will any such studies at his point. Many questions have grown accustomed to create in Virginia explode. Poor winemakers, only being given linger. Can giving a vine some time to defend over the last decade. That said, while the the credit in the worst years on record. I say itself produce enough repsonse to have any 2011 vintage was a very challenging year, it this in jest really, as I do understand where measureable effect? And how much time would allowed winemakers throughout the state to this statement comes from. The best wines that be? Would the use of such sprays reduce question common practices, think outside of truly do make themselves, as the quality is the amount of chemicals used? Are man-made the box, and in a lot of instances to look past defined in the vineyard. Lesser wines have to reproductions of these naturally occuring ele- the 'numbers' and focus more on making it be manipulated and coddled by winemakers ments less effective, in that many of the down- work. I had to ignore the numbers this year in order to pass in consumer acceptability. But stream natural components that play a role in and pick primarily on fruit cleanliness and I just want to clarify, and make sure everyone efficacy would be missing? Could an SA spray radar loops. knows that 2011 was not the year of the wine- be combined with something else to enhance the Another positive that I would like to maker, it was the year of the Sorting Table! end result? Could further investigation of SA/ point to occurred at an informal gathering of On to the next vintage... may this one be SAR lead to greater discoveries? Only more Central Virginia winemakers tasting through gone from memory, and only told in folklore research will give us some definitive answers. Cabernet Franc. We got together to talk about style ways to our children. what worked and what didn't work in process- continued on page 10

Grape Press Page 9 Lower yields “SA” and “SAR” make better Continued from page 9 I asked Dr. Bruce Zoecklein to weigh in on whether agricultural chemicals are good or bad wine. Or do organic practices, including the SAR topic. I was catapulted to the forefront and remains. they? will include his response in its entirety below. Currently, there are at least two general I think his perspective is very balanced. Thank theories as to why the lack of chemicals may you to Drs. Wolf and Zoecklein for their time Blog post by Jeff Miller be a good thing (beyond the purely psycho- and sharing of their thoughts. logical), both relating to the production of so- reprinted with permission called secondary plant metabolites. In grapes, from Artisan Family of Wines, we know these as aroma/flavor and phenolic artisanfamilyofwines.com. Links: Atkas & Guven Paper on SA/SAR: compounds. Each group is tied directly to Discussion follows potential wine quality. They were originally (http://www.pakbs.org/pjbot/ called secondary metabolites due to our lack PDFs/39%281%29/PJB39%281%29183.pdf) f there is an axiom of wine lore that is of understanding as to their importance to the Isacrosanct, it’s the belief that lower yields Wine Quality, Organic Viticulture and Vine plants. Systemic Acquired Resistance to Pests: translate into better wine. But do they? Plants produce these for several reasons, Let’s start with some grape growing (http://www.organicwinejournal.com/index. including defending themselves against pests basics. Like any living organism, the grape- php/2008/11/wine-quality-organic-viticulture- and disease. The more pressure there is from vine needs energy sources to drive its bio- and-vine-systemic-acquired-resistance-to- pathogens, the more phenols are produced, logical functions. The vine’s leaves are what pests/) for example. They are the result of the co- transform sunlight into carbohydrates, the evolutionary relationship between plants and grapevine’s food. This is the “source” of the their environment. vine’s energy system. Organic Is Better- It is believed by some that plants being That energy is then used by the grapevine. defended by man-made chemicals do not need A place where the energy is used is called a Right? to work as hard to make their own natural pes- “sink.” There are two main sinks: vegetative Dr. Bruce Zoecklein, Professor Emeritus, ticides, such as phenolic compounds. They do growth (leaves and the canes that they are Virginia Tech not need to expel their limited energy on pro- attached to) and the fruit. ducing these so-called secondary metabolites. The greatest obstacle to discovering the At the beginning of each growing season, truth is being convinced that you already know Another theory suggests that soils that have the vine’s buds start growing (”budburst”). it. been significantly altered with chemicals are Each of those buds produces a cane with simpler. While they may contain the required There is no word for winemaker in French, a limited number of fruit clusters (two is NPK etc., these soils do not contain all of the Spanish, Italian or German. This points to the normal). That cane, however, has no cor- raw ingredient precursors that plants need to deeply ingrained European belief that wine is responding built-in limit on the number of produce the vast array of secondary metabo- made by nature, not man. This is a belief that leaves. While each cane can produce only a lites in optimum quantities or proportions. has been held for centuries in the Old World, few fruit clusters, no matter what, it can go There is some scientific evidence for both on and on producing more and more leaves that wine is, at its core, the reflection of a place. While there is no single-word transla- of these theories. For the wine industry, as long as the energy is available. The only however, the important question is not simply thing that keeps the canes from growing lon- tion of terroir into English, the French will often use this one word to explain why a wine whether grapes produce a different quantitative ger and longer is the fruit, by competing for or qualitative array of secondary metabolites the vine’s resources. tastes the way it does, as a result of place. This is a basis for a present-day concern: Is indus- in the presence or absence of chemicals, likey As a grape grower, what you want to see is trialization muting the effect of place? they do. Rather, the question comes down to a vine that devotes the early part of the sea- wine quality. To date, there have been few The consumer is left to answer his or her son to producing leaves, and then switches studies that suggest that the lack of approved own questions: Did this fine wine I am enjoy- over mid-season from leaf growing to fruit chemicals consistently produce better wines. ripening. ing come from a great vineyard in a top appel- lation, from a talented winemaker using some Not using chemicals, particularly agricul- A grapevine with too little fruit is “under- dazzling new technique, and/or from a slue of tural chemicals, sounds great and is certainly cropped.” Since the fruit sink is small, the agricultural and/or processing chemicals? consistent with our general notion of sustain- vine keeps feeding the vegetative sink (i.e., able. It is that notion that usually carries the The sense of place, or lack of it, is a concern growing more leaves). The result is not just day. Unfortunately, there remains a large void as the world and its products become more and lower yields, but poorer fruit quality as well. of good scientific data suggesting that not more neutralized. This has sparked renewed Since the fruit can’t compete successfully using chemicals will improve wine quality-all interest in the food supply and, specifically, with the actively growing canes, it doesn’t other factors being equal. Unfortunately, at chemicals used in our foods, including wines. get the nourishment it needs. To add insult to this time the choices may be like the old joke injury, the heavy vegetation shades the fruit A capstone event occurred in 1990 with the – I have a theory that it’s impossible to prove (not a good thing) and creates a closed-in Alar episode. Alar, a growth-regulating chemi- anything-but I cannot prove it. canopy that both promotes unwanted infec- cal widely used in orchards at the time, was later listed as a carcinogen. The consumer’s Continued on page 12 very negative reaction was a potent catalyst for the organic food movement. The question of

Page 10 Grape Press Turning Water, Soil and Food: Sunshine Into Wine - Part III Transforming the Kelly Carr American Table The balance of this edition of The Grape Press is filled with detailed, specific information 1950-2000 regarding the mercurial summer precipitation issues that affected our state, and the aftermath thereof. Ours is a beautiful, albeit fickle region that will indubitably drive some of us batty as VVA Members: we wrestle with the romance of wine making and the reality of grape growing. You must care- fully read and absorb all the knowledge and experience the other writers and growers have put Food: Transforming the American Table down. But really, we have all the answers. 1950-2000 is a new exhibit to be opened at the Smithsonian’s National Museum You may recall, Larry and I have embarked on a test vineyard in the Shenandoah Valley. of American History on the Washington In the Spring, we planted 250 vines: 10 varieties (1 of table grapes, 5 whites, four reds.) DC mall in August 2012. The exhibit Everything has survived, and our secret is this: benign neglect. Of course, we have not the first will have a section devoted to wine for grape to show for it, but being newbees, we have granted ourselves a certain amount of leeway. the table which will highlight technologi- Some would call it artistic license, even. I think we tried spraying one time. That is so messy. cal changes in American viticulture and As the rain continued (and persisted, and kept on, and on), a new idea emerged which we winemaking during this 50-year period. are sure will be the next big thing in viticulture: fungus-eating stink bugs that gorge so much Though the exhibit will cover wine pro- they drop dead. Yeah, you read it here first. Mycology meets entomology (or is it the other duction around the nation – the proximity way around?) You skeptics out there will probably next ask about the specifics of this plan. of Virginia wineries to the exhibit in DC Sheeesh. We are BIG IDEA people. We will naturally turn to all the little people to work out will allow Virginia wineries special access the details. They are around here somewhere… to interest in wine generated by this exhib- Remember Cab Frank? He was the leftover that got planted by the porch, as there was not it. The museum curator (Paula Johnson) room left within the planned vineyard. Well, he took off like a teenager with the car keys. It and her designers are interested in “arti- might have had to do with the sprinklings of water he would occasionally get, as he sits near facts” that may be loaned or donated to where the tomatoes were planted. Amazing what a little H2O will do. If you want to avoid deer the Smithsonian to benefit this exhibit; damage, make sure to plant juicy tomatoes nearby. Works like a charm. think: old equipment, pictures, histori- Back to the test vineyard. Yep, it is there alright. But did I tell you about the 29 chickens cal letters, hand pruners, videos – things that are now laying eggs? You would not expect us to prepare for the good life of wine and that are appealing to view and tell a story song without the basics for souffles and quiches. On top of which, photos of vines and chickens about the change that our industry saw make spectacular montages of rural life. Which brings me back to the vineyard. This winter between 1950 and 2000 without taking up we will prune, and finally get around to staking and building the trellises. We believe with a huge amount of space. Get in touch with all our hearts that because of this year's drought in early summer, the deluge in early fall, and Tony Wolf [email protected] or Tremain Hatch our careful abandonment, the vines will emerge next spring the better for having had a tough [email protected] with potential ideas. beginning. As we all know, vines have to suffer. You just wouldn't think it would be at the hands of their owners.

EXCHANGE

Due to the large number of items for sale, I would direct our members to the following web site: Virginiavineyards association.com

Editors note: Please take note of the change of email address for our office manager Katie Meeks [email protected]

Grape Press Page 11 Lower yields make better wine continued from page 10 tions and hinders the penetration of the sprays time. had short stubby canes; the second very long that combat those infections. What is the right number of buds? It depends ones. The first vineyard should be “pruned The opposite of “undercropping” is “over- on many factors. The vineyard’s climate and back,” that is, left with fewer buds, which cropping,” where too much fruit is left on the the fertility of its soil are critical. The choice will reduce its yield, but result in better fruit. vine. The excess fruit appropriates the vine’s of grape variety, as well as the rootstock (the To the do the same with the second vineyard resources at the expense of vegetative growth. underground part of the vine that the grape (applying the formula that lower yields auto- Without enough leaves, there’s not enough variety is grafted onto), will also affect how matically translate into better quality) would nourishment to produce high quality fruit. An much fruit the vine can support. No math- be a horrible mistake. That vineyard should be overcropped vineyard may produce lots of ematical formula can tell you the right number less severely pruned (i.e., leave more buds and mediocre fruit. of buds to leave – only the grape vine can do therefore more fruit), which will increase both So what the grape grower wants is a vine that. At pruning time, you take a look at the quantity and quality. Both vineyards should be that’s “in balance,” with the right amount of vine and see how it did last season. If it was allowed to produce whatever amount of fruit leaves in relation to the fruit. While a number too vigorous, you increase the number of buds, will result in balanced vines. If that turns out of ways of determining when a vine is in bal- and vice versa. to be 2 tons/acre in one, and 8 tons/acre in the ance have been developed, one of the simplest If you have low producing varietal planted other, then so be it. is one of the best-canes should grow to be in a relatively cool location on poor shallow In the end, the goal is not to mindlessly about four feet long. Since there is no way of soil, the vines can only produce a small crop. reduce yields, but to find that yield (high or directly regulating the amount of vegetative A vigorous variety planted in deep rich soil in low) that allows the vine to come into balance, growth, we achieve this balance indirectly by a warm location can produce a much larger at which point the quality of its grapes will be regulating the amount of fruit on the vine (i.e., one. Both vines have, in theory, the ability, to the best that they can be. more fruit, fewer leaves and shorter canes). produce high quality fruit. The main way of doing this is by leaving the So let’s take two vineyards, each of which right number of buds on the vine at pruning produced 4 tons per acre last season. The first

A response from Andrew Hodson: What the Experts think: For me the opening statement, "if there acre"without knowing the density of plant- is an axiom of wine lore" is off putting. ing. It is far more useful to talk in terms of Lucie Morton says: While an "axiom" has several meanings kilograms or pounds per plant or for that 1 agree with Andrew at the passive aggressive depending on the context, generally it is matter weight per linear foot of cordon tone of axiom and folk lore. taken as "a saying that is widely accepted depending on the training system. on its own merit." From personal experience pruning tac- As I told Andrew most axioms, truisms, and old wife's tale are generally based on some pretty solid, However, in logic it takes on a more tics do not determine the out put per vine in experiential foundations--even if not applicable in meaningful definition as "a proposition that the vigorous soils of Virginia. all circumstances! is not susceptible of proof or disproof – its In 2005 following the tenet of this article truth is assumed to be self evident" I pruned my vines so that they would yield If I had to say one thing about yields, it is that they do matter. The question then becomes how and Then the author goes on to link the axi- one bunch per shoot – that indeed reduced to what end? oms with "wine lore" that for me has me the number of bunches but each was twice dreaming of "folk lore." the size – so I got exactly the same yield – Clearly there is a bell curve where too low or too high crops are not good. One should keep in The article is really an affirmation of the except the skin to pulp ratio was markedly mind that higher crops do tend to delay maturity. core belief of the VVA "Is Iusstus Pendeo" reduced so that the quality of wine was In a good ripening year this is not a problem, but - it all depends. reduced. sometimes being able to harvest sooner than later Never take anything at face value A lesson for those of us who believe in axioms of wine folk lore. is a big benefit. Fair compensation is critical to this especially if they are axiomatic and who discussion. I think the 1 to100 formula, whereby the believes in folk lore any way. grower receives 100x the bottle price of the wine, On September 20th I responded to the has merit. This gives incentives to growers to keep blog. yields to appropriate levels for the quality expecta- I am concerned that we tend to make tions. Exactly what that yield is in terms of lbs per generalities that make it easier not to be vine or tons per acre will vary from site to site, specific about ones own particular terroir. variety to variety, and year to year. It is meaningless to talk about "tons per Chris Hill says: “Hear him! Hear him!”

Page 12 Grape Press Get Yourself Paid Continued from page 1 increased production and enhanced competi- rights favors the processor’s bank, not the be paid after other higher priority creditors. tion. As some predict higher interest rates growers who deliver their grapes to the pro- Custom Crush Agreements in the near future, coupled with declining cessor. It is usually requested of the winery Also be careful with custom crushing/ demand in some categories, growers need to by its lender. bottling arrangements. Growers will want to be more clear than ever as to who they are Chapter 11 Protections be very clear in their contracts that they own selling their grapes to and how to best pro- Sometimes all the care in the world is not the winegrapes and proceeds; that the grapes, tect themselves from non payment. Getting enough and the winery files Chapter 11. This juice, must, etc. shall be kept separate; that the wiped out by weather or pests is one thing. is not where the winery or grower wants to be, crusher cannot pledge the grapes or proceeds Not getting paid after delivery of crop is quite although it is at least a place with relatively as collateral; and that in the event the crusher another. No one relishes the thought of going well defined rules and procedures and works files bankruptcy the winegrapes and products unpaid. to the advantage of those who best know the are not property of the crusher’s bankruptcy Growers first should satisfy themselves rules. estate. Even with these safeguards in place that their buyers are financially capable of Growers facing the prospects of a buyer growers must file a motion to lift the automat- paying for the crop. Some wineries will have or processor filing Chapter 11 must act fast. ic stay in the bankruptcy case to retake pos- no problem demonstrating financial ability. Immediately contact legal counsel with a session of the juice or negotiate the terms and Some wineries will gladly have their lenders solid working knowledge of bankruptcy and conditions on which the product can be sold. confirm that growers will be paid. As in all producer’s liens. Either through your attorney Remember, also, to follow the steps outlined business dealings, a promise is only as good or personally: above about requesting notice and demanding as the promisor. Sometimes you just have to that the product not be used or sold without ask to see the financials. • Request to be put on the notice list of creditors; your consent. The point here is that the grower’s first Conclusion line of defense is to know the buyer and the • Notify the debtor that it may not use, sell buyer’s financial reputation. However, this or dispose of product without your con- It is said that eternal vigilance is the price alone will not guarantee payment, so proac- sent or a court order obtained on notice of a good right. This is especially true here. tive growers will also want to know their legal to you with payment of “adequate protec- Grape growers have rights but these can be rights before they agree to sell to a buyer. tion”; and lost due to inaction or delay. By knowing your rights you can best protect your rights. Most wineries are in good shape and have • Demand that your statutory lien rights, if Knowledge is power. good financial reputations but it is just good any, be honored. business to know who you are dealing with Remember, do not idly wait for someone For further information, please contact: and what your rights are. to contact you. Be proactive. Delay favors the Riley C. Walter, Walter & Wilhelm Law debtor not the grower. Group, The Tower, 205 E. River Park Circle, Know Your Contract Suite 410, Fresno 93720; telephone: (559) Growers in a Chapter 11 situation may Perhaps the first thing to do is care- 435-9800, fax (559) 435-9868 or e-mail riley- consider going together with other growers fully review the contract. (See “Contract [email protected]. to seek appointment of a growers’ commit- Negotiations and Considerations For the tee, which can hire legal counsel, maybe at Winegrape Grower” (Revised 1996) and the expense of the bankruptcy estate, and “Be a Smart Marketer: Are You Positioned negotiate with the debtor and the unsecured for Payment” March 1998," both available creditors’ committee to resolve disputes and from California Association of Wine Grape claims. Remember the debtor’s loans are prob- Growers) ably personally guaranteed so the guarantor(s) A contract is an agreement to which both usually prefer to see the bank paid rather sides must concur before it is binding. It is not than growers. Similarly, necessary that you accept the buyer’s “stan- unsecured creditors dard” contract, unless you are perfectly happy will seek to defeat lien with all of its terms. Because agreement claims to free up pro- is needed, consider negotiating provisions ceeds for unsecured that meet your mutual needs. Many wineries creditors. understand and expect some give and take. There is so often a Waiver of Rights battle over the validity Of late, one of the more common provi- of these statutory liens sions in winery contracts is a provision calling because others benefit for growers to waive their rights. By doing from defeating them. If so the grower is agreeing to be an unsecured the lien is defeated the creditor of the processor, something growers grower will have only should be reluctant to do. The waiver of the an unsecured claim to

Grape Press Page 13 Stop! Before You Choose a Name, Give Some Thought to Trademark Selection, Searching and Registration. Heather Balmat, Law Office of Heather Balmat

Imagine that you are getting ready to name a new wine that you are because they communicate a lot about the product to the consumer, but about to start selling, or perhaps you are thinking of rebranding your they do not make for strong marks and can be difficult if not impossible vineyard. What considerations should you keep in mind during your to enforce, especially in the first years they are used. brainstorming and selection process? Suggestive marks are similar to descriptive marks in that they tell the It’s clear that brand names (trademarks and service marks) are impor- consumer something about the product, but they do so in a less direct tant from a marketing perspective – they communicate a lot about the way that requires the consumer to make a few mental leaps to think of product, the manufacturer and maybe even the customer. For example, the mark might be for. For example, “Tiny Bubbles” for a sparkling when you select a name for a wine, you are choosing an ambassador to wine might be considered suggestive. They are not as strong as arbitrary tell the marketplace what you and your wines are all about. Is the name or fanciful marks, but they can be an attractive option because they still you choose traditional? Irreverent? Silly? Literary? Selecting a brand communicate something about the nature or quality of the product with- name is a great opportunity to shape the way you and your products are out being so descriptive as to be unprotectable. seen in the marketplace and make them attractive to consumers. When thinking of potential names for your wines, aim to select some- Yet, trademarks serve another important function: they serve as thing that falls in the suggestive, fanciful or arbitrary categories, and source indicators that let consumers know who is providing the product avoid names that could be considered generic or descriptive. or service they are buying. In order to do this effectively, a trademark Availability must meet a couple of important criteria: it must be sufficiently distinc- The other major factor to consider when naming your wine is to tive (rather than generic or descriptive), and it must not be confusingly make sure you pick a trademark that is not identical or similar to another similar to a mark that is already in use in the marketplace. By selecting a trademark used in the wine industry. This is to avoid confusing consum- mark that meets both criteria – distinctiveness and availability – a mark ers as to the source of the wine they are buying. It also helps you to owner can focus on building his or her brand rather than worrying about avoid infringing the trademark rights of other parties who may already whether its trademark is vulnerable to claims of infringement or descrip- have earlier rights in an identical or similar mark. Even if unintentional, tiveness. Once you have selected and “cleared” your mark, you should infringement of another party’s mark is not only legally problematic, it consider registering it with the United States Patent and Trademark can also make the infringer appear to be attempting to trade off its com- Office in order to make your ownership of the mark public record and petitors’ success. Selecting a mark that not too close to marks already in to take advantage of the benefits of federal registration. use in the marketplace will allow you to build your own brand without Distinctiveness running the risk of conflict with other mark owners. The degree to which a trademark is distinctive, rather than descrip- Clearance tive or generic, is an important factor in determining how strong it is. In So how do you find out if a mark is available? In the United States, increasing order of distinctiveness and strength, marks may be: you need to search for both registered marks (or pending applications) • Generic: generic terms are never protectable as trademarks; and common law marks. You can start this process by conducting your • Descriptive: descriptive terms are not protectable as marks ini- own preliminary search of the trademark database on the United States tially, but may “acquire distinctiveness” through continuous use Patent and Trademark Office (“USPTO”) web site (www.uspto.gov). over time; This will show you if there are identical or near-identical marks being • Suggestive: a step up from descriptive, suggestive marks are pro- used in the wine industry. If you find a live registration or pending tectable from the start; or application for the mark covering wine, you should probably move on • Arbitrary/Fanciful: marks that are either arbitrary as applied to to another mark. If the USPTO search looks good, you should do an the goods (Apple for computers) or fanciful (made-up terms like Internet search for the mark in connection with wine. An Internet search Exxon and Kodak); these are also protectable from the start. will help you identify marks that are being used in commerce, which allows the owners to accrue enforceable common law trademark rights, Generic marks (“Wine” for wine, for example) are never protectable. even if those marks have not been registered. (Note that while federal On the other end of the spectrum are arbitrary or fanciful marks, which registration of a trademark is often a good idea, it is not required to have are the strongest marks and are always sufficiently distinctive to func- enforceable trademark rights in the United States.) tion as trademarks. In arbitrary marks, the words or symbols in the mark have nothing to do with the goods. “Apple” for computers is a classic If your preliminary search of the mark is clean, this is a good start, example. Some real-world examples of arbitrary marks being used for but it doesn’t necessarily mean the coast is clear. Because marks that are wines include Red Bicycle, Fat Bastard, and Yellow Tail – none of those similar rather than identical can be considered “confusingly similar,” it things have anything to do with wine. Equally strong are “fanciful” is important to conduct a comprehensive search before moving forward marks, which consist of made-up terms, like Exxon or Kodak. with a mark. A comprehensive search covers a number of databases and uses a broad search query to identify existing marks that could create a Most marks fall in the “murky middle” of the spectrum – they are conflict. Analyzing the results of a comprehensive search to determine neither generic nor arbitrary/fanciful. Instead, they are either descriptive the availability of a mark is fairly complicated, and you may wish to or suggestive. As mentioned above, a descriptive mark is not initially enlist the help of an attorney specializing in trademark law to assist protectable, though it may “acquire distinctiveness” through long use over time, provided no one else is using it for similar goods during that time. Descriptive marks can be attractive from a marketing perspective Continued on page 15

Page 14 Grape Press Trademark Selection, VVA Searching and Registration Sponsored Travel continued from page 14 Turtle Zwadlo you. Although conducting a preliminary search is an investment, it is much less expensive than VVA created a questionnaire to determine putting time, money and effort into a new mark only to have to start all over when a conflict member's interest. The results are in. reveals itself later. In a sense, it is a form of insurance against unpleasant trademark surprises. We had 43 members complete the ques- tionnaire, out of approximately 300 dues- Registration paying VVA members, for a response rate Once you have selected and cleared a mark, you should consider applying for a federal of approximately 13%. Respondents were trademark registration. While not required in the United States, federal trademark registrations asked to rate their level of interest, from a provide significant benefits to mark owners, including the ability to use your U.S. registration score of 1 (not at all interested) to 5 (strongly as a basis for obtaining registrations for your mark in foreign jurisdictions, the right to use the interested). Only the "5s" are discussed federal registration symbol ®, listing of your mark in the United States Patent and Trademark below. Office’s online databases (which can deter others from adopting similar marks for their goods), Nearly a third of the respondents stated and ability to record your trademark registration with the U.S. Customs and Border Protection that, if their interests were addressed, they Service, which helps prevent the importation of infringing foreign goods. In addition, if you would consider a VVA sponsored tour. have selected a mark but will not be ready to use it in the marketplace for a while, filing a trademark application on an “intent-to-use” basis will enable you to “reserve” it for your future An overwhelming majority said that Time use for a few years. of Year is the most significant factor, and nearly two thirds said winter was the pre- Making the effort to select a distinctive mark, conduct a thorough search and the file to ferred time, while almost half would also register it may make the naming process longer and more difficult, but it is worth doing it right consider post-harvest fall. the first time. Slightly more than half said Region, Law Office of Heather Balmat (www.balmatlaw.com) Content, and Price were major factors. Of the regions offered, approximately half chose Bordeaux or Burgundy, while about one- Sustainability Workbook Update & third chose Piedmont Italy or New Zealand. Approximately half stated that wine tast- Survey Results ing and vinification techniques were the most important Content, while about half said the You should have received an email with the updated copy of the Sustainability Workbook expected cost should be less than $1500, and by now. We definitely would like all of you to take a few moments to read it, think about how another 30% would allow up to $2500. we want to move forward with the project and offer any suggestions to make the workbook Duration was the fourth most cited factor, more functional. Tremain Hatch, of VA Tech and coordinator of the program, wants to reiter- and approximately half of the respondents ate that this workbook must be developed and enhanced by the members of the Virginia wine preferred a trip of 6-8 days. industry, so please do become actively involved. You are invited to join the working commit- As a result of your responses, the VVA tee on Wednesday, January 11, 11:00 am at the VT AREC in Winchester VA to further discuss board will begin surveying tour operators the feedback we have received about the workbook and how to move the project forward. The for a 6-8 day tour of Bordeaux or Burgundy project will be discussed at the annual meeting in February. The sustainability concept is here in winter 2013 or late fall 2012, at a cost to stay and Virginia needs to create its own version of the program that suits our viticulture of less than $2500. If any VVA members community. We need your input to make that happen. would like to offer input (tour operators, Survey Results: specific locations, activities, etc.), please We had a good response to the survey that was sent out several weeks ago, receiving feed- contact Treasurer Jim Benefiel (Jim@ back from nearly 25% of vineyards. I am including the results in their entirety below. Reading BenevinoVineyards.com). If you have had others’ opinions and suggestions can serve as a springboard for further discussion on how best a particularly memorable travel experience to move ahead on the project, so we do hope you will take the time to review your fellow grow- in Burgundy/Bordeaux or have connections, ers’ responses and be prepared to discuss this at the annual meeting. please, please contact us. If you might con- sider such travel, and wish to be kept abreast of our progress, send your contact info Sustainability Survey Responses: to [email protected]. When http://www.virginiavineyardsassociation.com/wp-content/uploads/2011/11/ contacting us, please use the subject "VVA SurveySummary_11102011.pdf Travel", so that we can readily recognize and track your interest.

Grape Press Page 15 Virginia Vineyards Association Grape Press Calendar VASWCD Annual Meeting ability of your own vineyard and let us know about your experience. What December 4 - 6, 2011 worked, what didn’t, and what would you like to see that was not included here? Please submit feedback to [email protected]. Omni Downtown Richmond

Your input will help determine the next steps of this initiative. Let us know The Virginia Association of Soil & Water Conservation Districts will hold what you would like to see in a future phase of this project. Let us know if its annual meeting at the Omni Hotel – Downtown Richmond on December you are interested in joining a core committee that will meet to move this 4-6, 2011. project forward at 11:00 am Wednesday, 11 January 2012 at the AHS Jr. Virginia has 6 of the 187 AVA’s (American Viticultural Areas) in the AREC in Winchester VA. All feedback will be organized and shared anony- United States – 160 vineyards in Virginia ranking it fifth in the USA. The mously with the core committee in January 2012. VASWCD annual meeting will have representatives from most or all 95 counties in Virginia representing the Soil and Water Conservation Districts. For more information please contact Kendall Tyree, MPA, VASWCD VVA Annual Technical Meeting Executive Director, 7308 Hanover Green Drive, Suite 100, Mechanicsville, February 2-4, 2012 Va. 23111 Telephone 804-559-0324 (800-727-6345) Omni Charlottesville

Commercial Grape Growing Workshop Join us for our Annual Technical Meeting & Trade Show. December 6, 2011 Vendors the registration form is available on-line Charlotte County Hunt Club http:// http://www.virginiavineyardsassociation.com/events/upcoming/ More details to follow. Dr. Tony Wolf (VA Tech), Bob Jones (Virginia Cooperative Extension), Dr. Mizuho Nita (VA Tech) and Tremain Hatch (VA Tech) will conduct a work- shop targeting beginner and prospective wine grape growers on 6 December Wines and Vines Day at the Capitol 2011. This full-day course will provide an overview of commercial wine February 9, 2012 grape vineyard development and basic operations including economics, General Assembly and State Capitol grape marketing, equipment needs, site evaluation and preparation, planting, young vine care, with a specific focus on the wine grape variety Norton. Meet with House Members and State Senators to promote the wine industry The information gained from this workshop will provide a foundation upon and voice your opinion about critical issues. which you can build your vineyard project. Classroom instruction will be followed by a visit to a commercial vineyard in Charlotte County. Be pre- pared to go outside rain or shine. Eastern Winery Exposition Directions: From Charlotte Court House take VA-40 (west) go 12.9 miles March 7-8, 2012 turn left onto Mt. Carmel Rd. go 0.3 mi. Take the 1st. right onto Hunt Club Lane. Lancaster County Convention Center Cost: $35 per person (payable “Virginia Tech Foundation”) if registration is received by 1 December. Registration includes morning coffee, lunch The Eastern Winery Exposition is a two day expo for the wine industry. and notebook. Mail check with name(s) of attending person(s) to: Tremain Featuring over 100 vendors and seminars discussing Enology, Viticulture, Hatch, Virginia Tech, 595 Laurel Grove Rd., Winchester VA 22602. Cost is Wine Business and Marketing. There are also sessions specifically for the $50 per person if received after 1 December, or if paying at door. new grower as well. Visit their website for registration and lodging details.

Sustainable Viticulture Workbook Industry Wineries Unlimited Steering Committee Conference: March 27-29, 2012 January 11, 2012 Trade Show: March 28-29, 2012 Alson H. Smith, Jr. AREC Greater Richmond Convention Center, Richmond, VA

Now that the 2011 harvest is behind us – we are recirculating the Sustainable Join us as Wineries Unlimited celebrates its 36th year. This is the largest, Viticulture Workbook. The project has been an industry initiative from the longest running, and most powerful wine industry event in the eastern US. start, and will continue to need input from end-users such as you, and from Early Birds Save by 1/31/12 an industry steering committee. http://www.wineriesunlimited.com/ We would like to receive comments back on this version of the document prior to January 2012. Please use the workbook in assessing the sustain-

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