Planting and replanting.
The planting of new vineyards and the replanting of those that have been eradicated are admitted under an authorization that has a validity of 3 years. Authorizations in Italy are issued by Regions and Autonomous Provinces depending on the annual available area, which is 1% of the national area planted with vines.
For wine production, only varieties of wine grapes entered in the national register and listed as varieties suitable for cultivation or under observation in the regional territory concerned, can be planted for wine production.
As for the production and storage of wine products, only authorized oenological practices may be used, in compliance with the limits and restrictions provided for by European and national regulations.
Grape marc and wine lees cannot be held in oenological establishments beyond certain time limits; the by-products of winemaking must be mandatorily delivered to a distillery or sent to the permitted alternative uses (agronomic use, energy use, pharmaceutical or cosmetic use, production of grape skin extract, production of some foods).
Part of the common organization of the markets, the wine sector is covered under its specific regulation, both at national and European level, which is much more articulated compared to other food products.
The main legal source is Regulation (EU) No. 1308/2013, that establishes a common organization of markets for agricultural products (CMOs), integrated by other European regulations and, in Italy, by Law No. 238/2016 (law on vines and wine) and other ministerial regulations.
All of these laws constitute the legal background on wine, and they deal with each phase of the production process, while covering many legal frameworks (administrative, civil, agricultural, criminal, European and international law).
Planting and replanting.
Regulations on wine labelling in general, and without prejudice to any specific provisions of the PDO and PGI wine specifications, require the inclusion of the following mandatory information:
Further information may be added on a voluntary basis, provided that they are truthful, verifiable and not misleading the consumer. Moreover, the following voluntary indications are subject to a specific discipline:
In order to avoid disputes and fines, special attention must be paid when providing voluntary information, even the one published on e-commerce websites and advertising of wine products. In fact, the following details must be avoided:
Denominations of origin, geographical indications and traditional mentions
In the unique wine sector, geographical indications constitute a vital tool for enhancing the value of its products on the market.
Protected denomination of origin (PDO) is a name identifying products fulfilling the following requirements:
Protected Geographical Indication (PGI) is a name identifying products fulfilling the following requirements:
PDO and PGI specifications are protected against:
Products complying with the relevant specifications are the only ones that can use:
Even the term "vineyard" and its synonyms, followed by the related toponym or traditional name, can only be used for PDO wines, provided that such name appears in the regional lists.
The monitoring system on the production and circulation of wine products is based on a series of well integrated elements.
Vineyard register: ool for collecting data on the production potential of vineyards, where each vineyard unit suitable for the production of wine grapes is entered, with attribution of any suitability for the production of DOCG, DOC and IGT wines.
Wine registers: traceability and monitoring tools for wine products that, in Italy, have been digitized within the National Agricultural Information Service (SIAN).
Operators are required, within a strict deadline, to include the following information in the register:
Grape harvest declaration: ubmitted annually by wine grape producers. It concerns the quantities, expressed in kilograms, of the grapes produced in the last harvest campaign within the territory of each Region or autonomous Province.
Production declaration: submitted by operators carrying out the wine making operations, it concerns the quantity, expressed in liters, of produced wine and grape must obtained in the last harvest, within the area of each Region or Autonomous Province.
Stock declaration: mandatory declaration of the quantity, expressed in hectoliters, of wine and/or grape must and/or concentrated grape must and/or rectified concentrated grape must that are held at midnight on 31 July each year.
Accompanying documentation: all wine products which are transported between operators must be accompanied by specific documents, as described below
Aromatized wine products
There is a totally separate regulation provided by the EU as regards the production, labelling and protection of geographical indications of aromatized wine products, which are alcoholic beverages produced by adding flavorings to certain wine products (e.g. vermouth).
Services provided by the firm.
The Firm offers its legal advice and assistance to wine operators in the areas listed below:
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