Most wine professionals know that to label a wine with an American Viticultural Area (AVA), at least 85% of the wine must come from that region. But how does a grape-growing region earn AVA status?
Recently, the Alcohol and Tobacco Tax and Trade Bureau (TTB) approved the San Luis Rey AVA in San Diego County, part of the previously established South Coast AVA. If finalized, the growing number of AVAs in the United States will be 274, including 153 in California. But what’s the process for establishing an AVA?
Anyone, including wine industry members, can petition to establish an AVA of any size. However, the process is detailed and regulated by the TTB (27 CFR part 9), the federal regulatory body responsible for the designation process.
Here are some of the broad steps for establishing an AVA:
Define Boundaries
First, identify the general geographic area you want to designate as an AVA. At this point, the boundaries should be defined and distinguishable based on natural features like rivers, valleys, or mountains. Existing relationships among winegrowers of the proposed region are of value, as collaboration and support are critical. A description of an AVA boundary must be based on identifiable features appearing on US Geological Survey maps. The AVA Map Explorer lets you view established and proposed AVA boundaries.
Gather Data
Collect historical, geological, and climatic data to show how the region differs from surrounding areas, allowing you to better determine the specific boundaries. This evidence may include soil types, climate conditions, elevation, and the history of grape growing in the area. At this point, you will sense that a viticulture or geography consultant might be appropriate to collect and organize the information to compare the distinguishing features of your proposed AVA with those of the surrounding regions.
Submit Petition
Follow TTB’s AVA Manual for Petitioners to prepare your petition to establish a new AVA or modify the boundary of an existing AVA. It must include a detailed narrative description and USGS map of the proposed boundaries, a name for the AVA that recognizes the area and its wine, and evidence supporting its distinctiveness from its neighboring regions. The petitions of existing AVAs are available for review, offering insight into the process in the TTB’s AVA Online Reading Room.
Public Notification
Once the petition is submitted, TTB will conduct a preliminary review to determine if it contains the essential elements required, such as name and boundary evidence, information regarding distinguishing features, a boundary description, and USGS maps. If the petition is complete, a notice is published in the Federal Register, opening a 60-day public comment period during which interested parties can support, oppose, or suggest changes to the proposed AVA.
TTB Decision
The TTB reviews all comments and may request additional information or modifications to the petition. If the bureau determines that the proposed AVA meets all criteria, it will approve it and publish a final ruling in the Federal Register, officially recognizing the AVA.
Although cumbersome, this process ensures that the AVA designation is reserved for regions offering unique viticultural characteristics. AVAs also allow vintners to describe the origin of their wines more accurately to consumers.
The process can take several months to several years, depending on the complexity of the petition and any opposition encountered. For example, the San Luis Rey AVA petition was first submitted in 2021 and took three years to finalize. Although submitting a petition is free, preparing it is often associated with costs, including legal fees, map creation, and any necessary studies or expert testimonies.
Feel free to reach out for more information on AVA consultants or supporting organizations.
