4.1-219 - Limitation on Class A and Class B farm wineries. - Virginia Statutes

§ 4.1-219. Limitation on Class A and Class B farm wineries.

For Class A farm winery licensees, at least 51 percent of the fresh fruits oragricultural products used by the owner or lessee to manufacture the wineshall be grown or produced on such farm and no more than 25 percent of thefruits, fruit juices or other agricultural products shall be grown orproduced outside the Commonwealth.

For Class B farm winery licensees, 75 percent of the fresh fruits oragricultural products used by the owner or lessee to manufacture the wineshall be grown or produced in the Commonwealth and no more than 25 percent ofthe fruits, fruit juices or other agricultural products shall be grown orproduced outside the Commonwealth. No Class B farm winery license shall beissued to any person who has not operated under an existing Virginia farmwinery license for at least seven years.

However, upon petition by the Department of Agriculture and ConsumerServices, the Board may permit the use (i) of a greater quantity ofout-of-state products if supplies grown or produced in the Commonwealth areinsufficient for a farm winery licensee, whether Class A or Class B, toachieve the level of production which otherwise could be anticipated during agiven license year or (ii) by a Class A farm winery of a lesser percentage ofproducts grown or produced on the farm if unusually severe weather or diseaseconditions cause a significant reduction in the availability of fruit orother agricultural products grown or produced on the farm to manufacture wineduring a given license year. As used in this section, the terms "owner" and"lessee" shall include a cooperative formed by an association ofindividuals for the purpose of manufacturing wine. The term "farm" as usedin this section includes all of the land owned or leased by the farm winerylicensee as long as such land is located in the Commonwealth.

(Code 1950, § 4-2; 1952, c. 496; 1954, c. 682; 1962, c. 533; 1970, cc. 302,309; 1974, cc. 460, 497; 1975, c. 408; 1976, cc. 64, 702; 1977, c. 280; 1980,c. 324, § 4-25.1; 1981, c. 410; 1984, cc. 200, 559; 1985, cc. 448, 457; 1986,c. 190; 1990, cc. 300, 390, 707, 810, 932; 1991, c. 426; 1993, c. 866; 2000,cc. 1037, 1052; 2003, c. 631; 2008, c. 194.)