Most state winery law has evolved somewhat haphazardly from statutes originally developed at the end of prohibition. While state legislatures have been anxious to encourage the development of indigenous wineries, there is little consensus about how best to do that.

Over the summer of 2002, WineAmerica compiled and analyzed state laws and practices relating to wineries from the fifty states. That data is now complete.

Data was collected about activities allowed under the winery license, state incentives in promotion and research, signage provisions, and shipment laws.

The WineAmerica analysis includes a number of recommendations for simplifying winery law including being more direct about what a winery may do under its license and a recommendation that in-state fruit requirements may be counterproductive to the goal of developing viticulture in a state. WineAmerica has also developed a model winery law which can be used by states. The model law provides specific provisions.

WineAmerica is currently working with about half a dozen states who are actively engaged in modifying their laws. Wineries who expect their state to be revising their law should contact the office at 202-783-2756 or email Bill Nelson at bnelson@americanwineries.org.