11 - Wine and the Law Flashcards

1
Q

legislation relating to wine is concerned with 3 important issues

A
  1. ensuring it is safe for human consumption
  2. checking the information on the label accurately describes what is in the bottle
  3. providing the necessary regulations to reduce the harm it can cause to individuals and societies (toxic & addictive)
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2
Q

food & beverage legislation
1. primary concern of the authorities
2. concerns
3. on labels?

A
  1. to ensure that what is being sold is safe and fit for human consumption
  2. concerns the many processing agents & chemicals that are used by grape growers and winemakers
  3. hardly ever feature on wine labels
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3
Q

Example that can illustrate the importance of food & beverage legislation

A

SO2
- almost universally used in winemaking
- can be toxic if consumed in very high doses
- potentially harmfull effect –> use in wm is very tightly regulated
- in most countries: ‘contains sulfites’ must appear on the label if above a certain level
–> likely to be required even if no SO2 is added in the wm process (produced naturally during fermentation)

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4
Q

Label integrity
Responsibility of the person or company that puts a product on sale that…

A

the description of the product and any claims made on the packaging are accurate

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5
Q

the labelling information need to be

A

clear & able to be checked

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6
Q

GI

A

Geographical Indications
- a product’s region or place of origin
- a designated vy area within a country
- can be large and cover an entire region, or very small covering a single vineyard

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7
Q

why is GI a common feature on wine labels?

A
  • the area where grapes are grown can have a defining influence on the style & quality of the wine
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8
Q

The use of GIs is tightly controlled to ..

A

ensure a wine is genuinely the product of the grapes grown in the location stated on the label
(fraud is a real risk for wines that sell at a premium price)

  • relatively easy to control within the boundaries of a single country because only one legal jurisdiction is involved
  • less straightforward if a producer in one country decides to label their wine with a GI from another country
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9
Q

what is World Trade Organization

A

the global body that manages international trade agreements

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10
Q
  • the World Trade Organization has developed …
  • that is now used by …
  • relies on …
  • ensures that …
  • easier for …
A
  • a system for GIs
  • all major wine-producing countries.
  • defined boundaries and regional names
  • everyone uses the same approach
  • individual countries or groups of countries to reach agreements that recognise & respect each other’s GIs
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11
Q

2 important points of interest for the rules & regulations made by the World Trade Organization

A
  1. if a GI is stated on the label then typically at least 85% of the liquid in the bottle must come from the stated GI
    –> does not apply universally
    –> standard from which there is some deviation (local laws can be less/more strict)
    –> similar rules can also apply to vintage dates and grape varieties
  2. there are significant variations between the way that GI legislation is written in the EU and non-EU countries
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12
Q

GI in EU,
2 quality categories

A
  1. Protected Designation of Origin (PDO): smaller areas with more tightly defined regulations
  2. Protected Geographical Indication (PGI): larger & have fewer regulations
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13
Q

PDO and PGI on labels in EU?

A
  • permitted label terms, but rarely appear on the label
  • producers tend to use long-established traditional labelling terms
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14
Q

why are European GIs unique?

A

Typically local laws will also specify
- what grape varieties can be grown
- what grape growing & wm techniques can be used

Identifying the grape varieties & processes that were used to produce a region’s best wines
- system designed to protect what was seen as the unique identity of local wines, promoting quality & preventing fraud
- in theory each PDO produces wines with a unique flavour that cannot be copied by another wine
- reinforced by the fact that according to PDO regulations 100% of the grapes must come from the stated region of origin for these wines

NB
- many PDO wines do not state the grape variety on the label

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15
Q

why do many producers prefer to make wines in the PGI category?

A
  • the PDO system is very restrictive
  • allows the use of non-traditional varieties in the blend
  • the rules governing production are less strict

however:
- local laws are still likely to regulate vine yield & limit production volumes

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16
Q

Are PGI-wines always of lesser quality?

A

No.
The PGI category is very diverse & can include wines of exceptional quality made using grapes grown in vineyards that simply fall outside of the PDO boundaries, as well as high-volume inexpensive wines from international grape varieties such as Chardonnay & Merlot

17
Q

Grape variety on the label for PDO and PGI wines?

A

PDO: many do not state the grape variety on the label
PGI: the grape variety or varieties are usually stated on the label

18
Q

Wine without a GI in EU

A
  • most flexible production rules

ie. allows
- multi-regional blends, grapes from different regions
- multinational blends: grapes from different countries

No other limits on production beyond those that are necessary for product safety & accurate labelling

19
Q

Non-EU countries

A
  • nearly all non-EU wines in the international market fall into the category of wines with a GI
  • each country has developed its own way of dividing its vineyard areas into GIs
    (sometimes political boundaries are used, more frequently vineyards are divided into other more specific areas, such as regions, zones, districts etc)
  • no local laws to define & limit what grape varieties can be planted
  • the legal terms (ie AVA, Zone, Ward) are rarely seen on the label
20
Q

Legally defined quality & style indications

A
  • another set of labelling terms that has evolved in the EU and been defined by local laws, to indicate both quality & style
  • these terms are observed by all EU countries
  • wants to limit the extent to which these labelling terms are copied in other countries
21
Q

Safe consumption

A
  • consumed in moderation –> not regarded as harmful to health
  • can significantly affect the behaviour of anyone who consumes too much
  • can be highly addictive for some people
  • can have a very negative impact on both short- and long-term health when consumed to excess
  • in some cultures not considered socially acceptable –> consumption is banned
  • in countries where alcohol consumption is permitted, legislation is used to try & control access to alcohol & limit its potentially harmful effects
22
Q

legal controls focus on 2 areas

A
  1. minimum legal age for purchase & consumption
    seek to limit young people’s access to alcohol as this age group is considered more vulnerable to its potentially harmful effects
  2. legal limit on the amount of alcohol someone can have in their blood when driving a vehicle,
    –> typically expressed in mg ethanol per ml blood
    –> alc. increases the risk of injury & death for the operator/driver & those around them
23
Q

alcohol … co-ordination, … reaction times & … risk-taking

A

alcohol REDUCES co-ordination, SLOWS reaction times & INCREASES risk-taking

24
Q

Governments can … to ensure safe consumption

A
  1. setting & enforcing regulations
  2. publishing sensible drinking guidelines
    recommended ‘units’ of alcohol per day/week
  3. place limits on the advertising & marketing of alcohol
    voluntary industry codes and/or direct legislation
25
Q

limits on the advertising & marketing of alcohol

A
  • voluntary industry codes and/or direct legislation
  • normally designed to
    –> place limits on the lifestyle claims that can be made for a product in advertisements
    –> encourage or require the use of responsible drinking messageing in advertising and on packaging