When it comes to wine labeling in the United States, grape variety designations play an important role in how wineries market their products and how consumers make purchasing decisions. The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) regulates these designations and maintains a list of approved grape varieties that may appear on American wine labels. But what happens if a winery wants to use a grape variety that is not already on TTB’s approved list? That’s where the grape variety petition process comes in.
What Is a Grape Variety Petition?
A grape variety petition is a formal request submitted to the TTB to recognize a new grape variety for use on wine labels sold in the U.S. If approved, the grape name becomes part of the official list of approved grape varieties, which allows producers to label their wines accordingly (assuming other labeling rules are met, such as the minimum percentage requirement).
This process ensures consistency, prevents consumer confusion, and helps maintain transparency in the marketplace.
Why File a Petition?
A producer, importer, or industry member may want to file a petition for several reasons:
- They are growing or importing a grape not yet recognized by TTB.
- They want to market wine under a specific varietal name rather than using only a fanciful or proprietary label.
- They are introducing a lesser-known international grape to U.S. consumers.
The Petition Process
Submitting a petition requires careful preparation. While the exact requirements may vary, TTB generally expects petitioners to provide:
- Evidence of Name Usage – Documentation that the grape name is widely accepted, recognized, and used in viticulture, trade, or scholarly resources.
- Origin and History – Information on the grape’s lineage, country of origin, synonyms, and development.
- Ampelographic Information – A scientific description of the grape variety, typically supported by references from ampelography (the field of botany concerned with grapevines).
- Commercial Evidence – Proof that the grape is being used in commercial wine production, either in the U.S. or abroad.
- Supporting Documentation – Any additional data that helps TTB evaluate whether the grape is distinct, recognized, and deserving of approval.
Once submitted, TTB reviews the petition and, if warranted, publishes a notice in the Federal Register for public comment. After considering any comments, TTB decides whether to add the grape variety to the official list.
Practical Considerations
- Timeline: The process may take several months or longer, depending on TTB’s review and whether additional evidence is requested.
- Approval Impact: Once approved, wines can be labeled with the varietal name, provided at least 75% of the wine is derived from that grape (under federal labeling rules and assuming that the label only lists the one grape variety)
- International Marketing: Recognition by TTB can also support branding and consumer recognition beyond the U.S.
How We Can Help
Preparing a successful grape variety petition requires precision, thorough research, and familiarity with TTB’s regulatory process. Our firm assists clients in drafting and submitting grape variety petitions, gathering the necessary scientific and commercial support, and navigating any questions that may arise during TTB’s review.
If you are considering petitioning for a new grape variety or have questions about the process, our team is here to guide you.
If you’re interested in submitting a grape variety petition to the TTB, contact Lindsey Zahn P.C. today to schedule a consultation.
📩 Email us at info@zahnlawpc.com
🔗 Visit our Contact Page to get started.