Areas Not in a Texas AVA, Updated Label Laws Designate 100% Texas Wines, and Efforts to Create Additional Texas AVAs – Part 3

Important Areas not in a Texas AVA

As noted in previous parts of this series (Part 1 and Part 2), an AVA designation on a wine label allows vintners to more accurately describe to consumers the origin of the grapes used to produce their wines and help consumers identify wines with characteristics they prefer to purchase. Wine consumers are becoming more curious about the origin of grapes used to produce the wines they enjoy. In the broadest sense, grapes can come from anywhere – another country, anywhere else in the U.S. (another state), anyplace in Texas, or from a more specifically defined area or region in Texas.

Does an AVA designation matter? – Sure, it does, especially to the grape grower and winemaker! And it is beginning to matter more to consumers. So, like suggested in earlier posts, open a delicious Texas wine, sit back, and learn more about AVAs in Texas, especially the issues of not being in one.

Texas growers and wineries located within an AVA can use that designation to an advantage. Two AVAs, Texas Hill Country and Texas High Plains, are so large that some might argue the AVA designation only scratches the surface in helping consumers appreciate the actual origin (area, county, vineyard) for grapes. This is something that certainly needs to be addressed, and undoubtedly will be in the next few decades as sub-AVAs are developed.

However, there is another pressing issue in that some of the best vineyards and wineries in the Lone Star State are NOT INCLUDED in an AVA. So how do they best designate where vineyards are located and identify the origin of grapes made into wines? More on this subject will follow, but first, let’s consider those areas not included in a Texas AVA.

Referring to Figure 2, note the two large areas within the dark ovals, West Central and North Texas (WCNT) and Northeastern Texas (NET). The WCNT area of interest ranges from the Escondido Valley AVA near Ft. Stockton on Interstate 10 northeastward all the way to the Red River border with Oklahoma, sandwiched in between the two large Texas Hill Country and Texas High Plains AVAs. There are quite a few vineyards in this WCNT region, including those in Comanche County, Tarrant County, Red River area west of Texoma, Midland, and others west of the Interstate 35 corridor. There are also a growing number of wineries in the most northern part of this area, especially as one approaches Interstate 20, south and north of the DFW metroplex, and the Red River Valley south and west of Texoma AVA. Efforts are underway to develop AVA petitions for TTB approval for some parts of this area, and hopefully, these will be reviewed favorably and approved soon.

There are quality vineyards planted in this WCNT area and many notable wineries produce fine wines from these vineyards. A few selected examples include Homestead Winery, OG Cellars, Bluff Dale Vineyards, Lost Oak Winery, Rancho Loma Vineyards, Watson Vineyard, Brennan Vineyards, Los Nopales Vineyards, Brix Winery, 3 Texans Winery, and Christoval Vineyards (certainly not a comprehensive list – for that, please see the Texas Wine Lover Guide and mobile app).

Farther out west are also vineyards of note, in particular the large Dell Valley Vineyards near Dell City, TX, north of the Davis Mountains and close to the New Mexico border. High-quality fruit is produced from nearly 300 acres of vines planted at over 3,500 ft elevation. And this vineyard and surrounding area are NOT included in a Texas AVA.

The Northeastern Texas (NET) area is really wrapped around Tyler, extending north to the Oklahoma border and south for over 100 miles. Climate, hot and humid, can make it more challenging to grow vitis vinifera grapes in the NET region, but a number of Texas growers have risen to the challenge, and more are sure to follow. Some quality vineyards are planted in this area and several notable wineries are producing fine wines from these vineyards including Pelle Legna, Kiepersol, Los Pinos Ranch and Vineyards, Tara Vineyard & Winery, Elysium Wines, Rowdy Creek Ranch, and Sages Vintage custom crush winery just a bit further south near Nacogdoches (certainly not a comprehensive list – for that, please see the Texas Wine Lover Guide and mobile app).

It should also be noted that there are several vineyards planted further south towards the Texas Gulf Coast. Producing vineyards are mostly located just north of Interstate-10 west of the Houston metropolitan area, and, once again, are not included in a Texas AVA. The typical varieties in these vineyards include Blanc du Bois white and Black Spanish (or Lenoir) red grapes that function better in more humid climates and are more naturally resistant to Pierce’s Disease. Grapes from these vineyards are often used by Haak Vineyards, located near Santa Fe, TX (west of Galveston and very close to the Gulf of Mexico) to produce award-winning wines.

Developing an AVA petition for the TTB is an extremely time-consuming and detailed effort. Until dedicated members of the Texas wine industry step forward to meet this challenge, there is new Texas legislation that may help in the meantime. A new law signed by Governor Abbott, effective 01-Sep-2021, essentially sets labeling standards for wines to contain 100% Texas grapes if the label indicates a county, an AVA, or a vineyard within the state (discussed in more detail in the next section). Of particular interest and potential value is the use of a County designation that now requires 75% of the grapes come from within that county and the remaining 25% must also come from within Texas. This will essentially confirm to consumers that the wine in the bottle labeled with a county designation is a Real Texas Wine produced from 100% Texas-grown grapes. More and more we expect to see County designations on Texas wine labels to indicate grape origin for growers and wineries, both outside an AVA and even to help pinpoint locations within the larger AVAs.

Updated Label Laws to Designate 100% Texas Wines

Since the beginning of the modern Texas Wine Industry, let’s say the mid-1970s, there have been questions about how to officially designate that a wine sold by a Texas winery was produced from grapes grown in the Lone Star State – or as some folks like to say, a Real Texas Wine. Various categories of definitions and designations are described below, including some recent legislation that narrows the scope and better defines what can be classified a REAL TEXAS WINE.

Federal regulations have always allowed wines to be produced in one state from grapes grown in another state, and this has benefited many wineries as they go through a start-up phase or try to recover from severe weather issues. The phrase “For Sale in This State Only” is the specific designation usually shown on the back label. An additional point of this federal labeling standard is meant to prevent juice or grapes (or even bulk wine) from state #1 (say CA) being sold to and made into wine or bottled and labeled at a winery in a different state #2 (say TX), and then being shipped back and sold in state #1. Even though legal and informative, if this designation is used by a well-known Texas winery, there can be consumer confusion in appreciating that the grapes (wine) did not come from Texas. This FSITO (For Sale In Texas Only) issue has long been argued among Texas growers and winemakers, large and small.

When terrible weather occurs, such as with spring frosts and hailstorms in 2013 and again in 2014, many Texas wineries purchase fruit from California and Washington just to keep things going in their tasting rooms and sales programs. So, the FSITO label designation was widely used in 2013 and 2014 for wines sold in 2014-2016. According to the rules laid out by the U.S. Alcohol and Tobacco, Tax and Trade Bureau (TTB), see below. These wines could have and probably should have been labeled with the American appellation (See Table 1).

Table 1. Label Min. % of Grapes

Appellation	Designation from the Appellation
Country	American	75% (anywhere USA)
County	County Name	75%
AVA	AVA Name	85% (95% OR)
Vineyard	Specific Name	95%

Another potential level of consumer confusion relates to the State appellation that can be used on a Texas wine label. Since Texas is considered a regional appellation, federal regulations require a wine to contain only 75% grapes grown in Texas. That leaves a lot of room, 25% room, for grapes that may NOT be from Texas. Since this 75% is a federal regulation, it applies to every state (AZ, VA, NJ, NY, etc.) unless state laws are enacted to require a greater percentage from the state noted (e.g., CA, OR). Many winemakers have taken exception to this and worked to promote Texas-specific legislation similar to that in California and Oregon where a Texas label designation indicates more than just 75% of the grapes came from Lone Star State vineyards. One unsuccessful legislative proposal was to raise the level of Texas grapes required by 5% per year over a 5-year period (75% up to 100%).

This would seem a reasonable thing to do, but there were those who argued that not enough grapes were being grown in Texas to have all wines produced in the state made from Texas-grown grapes. The arguments and controversy continued for several years. In 2021, compromise legislation was agreed upon to ease the tension and tighten the designation rules for growers, wineries, and Texas consumers. An effort led primarily by Texas Wine Growers, a group of winemakers banded together to promote better “truth in labeling standards” achieved a milestone when in summer of 2021, Governor Abbott signed into law House Bill 1957 which set new regulations for the labeling of wines produced in Texas. Now we need to educate wine buyers and enthusiasts as to what these new labeling designations mean for Texas wines.

This new law, effective 01-Sep-2021, requires any wine labeled with a Texas county, an AVA, or a vineyard designation to follow more stringent requirements, essentially setting labeling standards for these wines to contain 100% Texas grapes (see Table 2).

• County designation – 75% of the grapes must come from within that county; the remaining 25% may come from anywhere within Texas. (100% Texas grapes)
• American Viticultural Area (AVA) – 85% of the grapes must come from within that AVA; the remaining 15% may come from anywhere within Texas. (100% Texas grapes)
• Vineyard Designation – 95% of the grapes must come from that vineyard; the remaining 5% may come from anywhere within Texas. (100% Texas grapes)
• The federal standard is still in effect – a wine simply labeled with the Texas regional appellation requires only 75% of the grapes must come from within Texas, but the additional 25%, or portion thereof, can come from another state.

So, with these new Texas regulations, updated label designations look like this.

Table 2.

Appellation	Label Designation	Min. % Grapes from Appellation	Requirements Now for Texas
Country	American	75% (anywhere USA)
State	Texas	75% (100% CA and OR)
County	County Name	75%	75% + 25% Texas
AVA	AVA Name	85% (95% OR)	85% + 15% Texas
Vineyard	Specific Name	95%	95% + 5% Texas

Here is a simple graphic to help you recognize label designations and what they now mean for Texas wines.

For wine growers in the eight Texas AVAs, the AVA designation can certainly be recognizable and useful on the bottle label. However, there are many vineyards in Texas that are not included in the boundaries of an AVA. For these areas, particularly west central and north Texas (WCNT) and the far northeastern region (NET), the County designation could become an important labeling tool. The County label can designate more clearly where the grapes came from, at least 75% of them, and assure the consumer that all the wine in the bottle came from grapes grown in Texas.

Until new Texas AVAs are petitioned and granted, the County designation may well become a key factor in labeling Texas wines. Even within a larger AVA, like the Texas High Plains, county designations like Hockley, Terry, Yoakum, and Gaines are being seen more often on labels. An interesting side note is that several growers and wineries in the Texoma AVA now prefer to use a county designation rather than Texoma because they believe that label may confuse consumers since none of their grapes originate across the border in Oklahoma! Another side note is the very limited use of Fredericksburg in the Texas Hill Country AVA. Most growers and wineries prefer to use the more widely recognized Texas Hill Country designation on their labels even though Fredericksburg would provide a more narrowly defined area of origin. This is probably a guiding signal for the eventual development of Texas sub-AVAs based on County areas. Remember, there are 254 counties in Texas – that could translate into a lot of “AVAs.”

The immediate goal is to create an educational program to inform and educate consumers about these legislated label designations that define areas of grape origin and denote 100% Texas wine. Support for this effort from TWGGA and Texas Wine and Grape Growers Association is expected.

Now you know what to look for on a Texas wine label, and what a specific designation means regarding Texas grapes used to make that wine. This should make it easier for all of us consumers and dedicated Texas wine lovers to support our state industry.

Efforts to create Additional AVAs in Texas

Some members of the Texas wine industry are working on petitions with the required documentation for submission to the TTB requesting the establishment of more AVAs in Texas. The two key goals appear to be 1) better definition of the primary grape growing areas within the very large Texas Hill Country (THC) and Texas High Plains (THP) AVAs and 2) develop AVAs for those large areas of the Lone Star State not already included in an AVA. This author is aware of at least two efforts underway to create a sub-AVA in the Texas Hill Country and suspects that similar efforts are being considered in other parts of the state.

A key feature of an AVA, as required by the TTB, is that it be a delimited grape-growing region with specific geologic and/or climatic features that affect the characteristics of grapes grown within the defined boundaries. In addition, the petition for an AVA should provide documentation to distinguish why that area is different from surrounding regions. When considering how large the Texas Hill Country and Texas High Plains AVAs are with many differences in microclimates, soil, water availability, elevation, etc., within the AVA boundaries, it is almost surprising that the TTB approved AVA petitions for such vast areas in the first place. So, it seems the stage is now set to develop petitions for sub-AVAs within the larger AVAs to better define smaller, more similar growing areas. See the discussion below.

A Llano Uplift sub-AVA is being developed by Dr. Justin Scheiner and his team at Texas A&M University, the folks at William Chris Wine Co., and members of Texas Wine Growers. This new AVA will occupy the majority of Llano and Mason Counties, and small portions of Burnet, Blanco, Gillespie, McCulloch, and San Saba Counties. The area under consideration contains 294 acres of wine-grape vineyards and 14 bonded wineries within its borders. This will still be a relatively large AVA with a proposed total acreage of 1,341,486 acres (2,096 sq. mi.). This AVA would define a grape-growing region that sits on the northeastern edge of the Edwards Plateau, and further distinguish it from other parts of the THC AVA. The tiny Bell Mountain AVA, already included within the Texas Hill Country, will also be included within the boundaries of Llano Uplift.

The elevation of the proposed AVA ranges from 800 feet in the east along the Colorado River to a maximum elevation of 2,004 feet in the Mason Mountains in the northwest with soils mostly comprised of limestone and caliche-laced sandy loam. The “Uplift” part of the name particularly refers to the reddish granite rock formations that rise above the surrounding landscape creating notable landmarks like Enchanted Rock and with patches of relatively unique shattered granite soils below these rocky features.

Hickory Sands sub-AVA defines another area having different viticulture characteristics within Texas Hill Country. This area, located in and around Mason County, west of and at a higher elevation than Fredericksburg, is home to several vineyards and wineries now established near Mason and more growth in this area can be expected. Efforts are underway to develop and submit a petition to the TTB. The Hickory Aquifer, with extensive sandstone deposits, is well-known and a key source of water for this region. Although this area has been included in the Llano Uplift petition with older soil types that contain significant amounts of sand, positioned over a different aquifer, and generally situated at a higher elevation than most of the rest of the area being included in the Llano Uplift, it represents a notably different viticultural environment that should be designated as a separate Hickory Sands AVA.

A Pedernales River Basin sub-AVA may also be considered that would include much of the Pedernales River corridor along U.S. 290 (Wine Road 290) where so many Hill Country wineries are located. This area is a key part of the wine tourist and visitation trade that brings folks to the Texas Hill Country. Located east of the current Fredericksburg in the Texas Hill Country AVA, a Pedernales River Basin AVA would help to highlight most of the vineyards and wineries in this popular destination for Texas Hill Country visitors. This area, mostly contained in Gillespie and Blanco counties, with more river-deposited silty soils and situated at generally lower elevations could again be considered as a separate AVA, different from the area being included in the Llano Uplift and much of the surrounding Hill Country.

Another sub-AVA could be considered for a portion of the Colorado River basin located west of Burnet in the Inks Lake area. This area, historically called Hoover Valley, has an unusual soil type, called shattered granite, that is prevalent and seems to be a good base for growing grapes. This area has been included in the previously discussed Llano Uplift AVA petition, but could, in the future, become a more tightly defined sub-AVA on its own, perhaps called Hoover Valley.

The Texas High Plains AVA, covering eight million acres, is certainly large enough that sub-AVA development should be considered. Although grape growing conditions on the High Plains are generally more similar across the AVA than those across the Texas Hill Country, there are still differences that could (should?) be highlighted. For example, just consider the approximately 150-mile distance from the south end to the north end of the Texas High Plains. Not only can the weather be quite different across this range, soil types, elevation changes, and water availability can have an impact on vineyards. Further, consider the elevation difference between the eastern boundary of the Texas High Plains AVA, the 3,000 ft contour line of the Caprock Escarpment, and the western boundary, the TX-NM borderline at nearly 4,000 ft elevation. Again, that can have a significant impact on vineyards and the grapes they produce. Development of sub-AVAs for the Texas High Plains is worthy of consideration. Already some vineyards and wineries are beginning to note county designations to better define grape origin within this large area encompassing all or parts of 24 counties. For example, significant vineyard plantings have been established in the following counties – Hockley (Levelland), Terry (Brownfield), Yoakum (Plains), and Gaines (Seminole and Seagraves).

As for the viticulture regions of Texas not in an AVA, it just makes sense to consider new AVA development. Three examples come to mind (refer to Figure 2). First, the huge area of West Central and North Texas (WCNT) covers a wide range of climate, soil type, and water availability. Vineyard terroir near Ft. Stockton would be quite different from the hilly areas west of Waco and different still from sections of the Red River Valley west of the current Texoma AVA boundary. Vineyards and wineries in the WCNT should surely benefit from being included in new Texas AVAs.

A more specific example of the need to create a new AVA is that area of the Red River Valley west of the Texoma AVA boundary. Several vineyards and wineries have established quality reputations in the river basin, north of Interstate 20 reaching westward almost to the Panhandle.

Another area where quality vineyards and wineries have been established is the farming and ranching countryside located north of the northern edge of the Texas Hill Country AVA, roughly defined by Interstate 35 (from Fort Worth to Waco) as an eastern boundary, Interstate 20 (Fort Worth to Eastland as a northern boundary), and a western edge that includes Stephenville, Comanche, and Goldthwaite. This region has a rich agricultural history and would greatly benefit from a focus on further vineyard development.

The Northeastern Texas (NET) area, wrapped around Tyler, extending north to the Oklahoma border and south for over 100 miles now has a number of established vineyards and wineries. Climate, hot and humid, can make it more challenging to grow vitis vinifera grapes in the NET region, but adventurous Texas growers have risen to the challenge, and more will follow.

Perhaps the Texas Gulf Coast area should also be mentioned. This area is really anchored by Haak Winery in Santa Fe located near Galveston and only 20 miles or so from the Gulf of Mexico. Many may be surprised that vineyard and winery operations can survive in such a hot, humid region, but somehow folks have made it work. Many vineyards are located just north of Interstate 10 and west of the Houston metropolitan area. If for no other reason than to recognize their courageous efforts not only to attempt to grow grapes but to actually succeed in such a climate, these folks should be recognized with an AVA designation.

New legislation has provided growers and wineries with label designations that can better define grape origin and clearly denote 100% Texas wine (see discussion above). For vineyards in an AVA, or wineries that purchase grapes from an AVA-designated vineyard, the more precise definition of the grape source should be possible using a county name within that AVA. And for vineyards and wineries NOT in an AVA, a county name on the label will certainly help to designate grape origin as well as identify 100% Texas-sourced wine. The bottom line here is that more Texas AVAs are needed, and the expectation is that more will certainly be created. So, until new Texas AVAs can help us more specifically define the locations of origin for Texas grapes, please refer to the helpful graphic in Figure 4 (above).

Thank you for your interest in the ongoing efforts to better define Texas grape growing regions and for supporting the Texas wine industry. New legislation has provided growers and wineries with label designations based on County, AVA, and vineyard that can better define the grape origin and clearly denote 100% Texas wine. There is clearly a growing interest in defining grape origin in support of our Texas Wine Industry. Now get out there, explore the many wine-growing regions of Texas, and enjoy the fine wines from the Lone Star State. Drink Texas, my friends!

References:

The Texas Wine Lover website is a great source listing most of the vineyards and wineries located in the Lone Star State. The Texas Wine Lover mobile app has been established and is now available on your app store to help locate and plan visits to these vineyards and wineries. https://txwinelover.com

Alcohol and Tobacco, Tax and Trade Bureau (TTB), Code of Federal Regulations – 27 CFR part 9.

The Wine Searcher website has info on most U.S. wine regions, including the Texas AVAs (for example, Escondido Valley, Texas – USA Wine Region | Wine-Searcher)

Wikipedia.com offers a significant amount of info for Texas wines in general and for the individual AVAs

Other useful sources that contributed to these posts include: Go Texan website, Texas Fine Wine, Texas Hill Country Wineries, and the Texas Wine and Grape Growers Association

Many friends and associates in the Texas Wine Industry have offered information and support for this documentation of Texas AVAs. Thanks to the following folks to whom I reached out and who have commented on the development of new Texas AVAs. Chris Brundrett, William Chris Wine Co.; Dr. Justin Scheiner, TX A&M; Valerie Elkins, William Chris Wine Co.; Jim Johnson, Wimberley (former proprietor and winemaker, Alamosa Cellars); Neal Newsom, a long-time grape grower in the Texas High Plains, Newsom Vineyards, Plains, TX; Glena Yates, Ron Yates Wines, Spicewood Vineyards, immediate Past-President of Texas Wine and Grape Growers Association (TWGGA); Jim Evans, executive winemaker at Lost Oak Winery, Burleson, TX and Past President of TWGGA, Roxanne Myers, President and CEO at Lost Oak Winery and Past President of TWGGA; Todd Webster, Brennan Vineyards, Comanche, TX; Rob Parr, Parr Vineyards, Mason, TX.