Lindsey Zahn P.C. drafts and files petitions with TTB to establish a new American Viticultural Area (AVA) or approve a new grape variety name for use on wine labels. The firm assembles the evidence TTB requires and responds to its questions through the rulemaking process.
Wineries and grape growers can ask the Alcohol and Tobacco Tax and Trade Bureau (TTB) to recognize a new American Viticultural Area (AVA) or a new grape variety name. Both petitions can unlock real value for a winery or region, and both take significant work. Lindsey Zahn P.C. drafts, reviews, and manages AVA and grape variety petitions for wineries, grape-growing regions and trade groups.
Grape Variety Petitions
A winery that wants to make a varietal wine, one labeled with a single grape name, may find the grape is not on TTB’s approved list. The options are to drop the grape name or petition TTB to approve the variety. If TTB is persuaded, it publishes a notice in the Federal Register inviting comment and then decides whether to approve the name, which is eventually codified in federal regulations.
AVA Petitions
An approved AVA lets wineries use the region’s name on their labels and can build valuable consumer awareness, especially for newer winemaking regions. Petitions require substantial evidence: boundary evidence, soil studies, maps of elevation and topography, and proof the name is recognized. If TTB considers the petition complete, it may publish a proposed rule for comment and then:
- Publish a final rule establishing the AVA, with or without changes
- Withdraw the proposal and explain why
- Propose a modified AVA for further comment
- Take another action allowed by law
How the Firm Helps
- Draft, review, or manage a complete grape variety petition
- Draft, review, or manage an AVA petition from start to finish, including name evidence, boundary descriptions, distinguishing features, and maps
Process and Timeline
- Feasibility call. The firm reviews whether the proposed AVA or grape variety name meets TTB’s requirements.
- Evidence and drafting. The firm gathers the required evidence and drafts the petition.
- Filing and rulemaking. The firm files with TTB and responds to its questions through the public rulemaking process.
- Use on labels. Once approved, the firm advises on using the new AVA or variety name on labels.
AVA and grape variety petitions go through federal rulemaking, which typically takes far longer than a permit or label approval. The firm sets expectations at the feasibility stage.
Recent Representations
- Drafted and filed a grape variety petition for a new variety name on American wine labels, which received TTB administrative approval
- Advised a wine region and oversaw drafting of a petition for a new AVA within a larger AVA
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
How long does an AVA petition take?
AVA petitions involve evidence gathering, TTB review, public comment, and rulemaking, so they typically take a significant amount of time. The firm can outline the steps for your region.
Can I use an unapproved grape name on my label?
Not as a varietal designation. You either omit the name or petition TTB to approve the variety.