What is a “wine” that may be sold at retail food stores? – Tennessee Alcoholic Beverage Commission

What is a “wine” that may be sold at retail food stores?The new law defines wine as follows: “Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed eighteen percent (18%) by volume. No other product shall be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine. “Wine” does not mean alcohol derived from wine that has had substantial changes to the wine due to the addition of flavorings and additives.The commission will analyze particular products on a case-by-case basis to determine whether a product may be sold as wine in a retail food store. In determining which products are included in the definition of “wine” at T.C.A. § 57-3-802(2), the following factors, among others, will be considered:

Whether the product has had substantial changes due to the addition of flavorings and additives;
Whether the product had been sold in grocery, convenience, and similar stores before July 1, 2016;
The specific nature of the product and the manufacturing process; and
The manner in which the product is marketed and labeled.

The nature of the product and the manufacturing process are critical factors for determining whether a product is included in the definition of “wine” at T.C.A. § 57-3-802(2). The labeling, suffix, or prefix of the product as descriptive of a fruit or other suitable agricultural product, and as descriptive of a wine, is another critical factor for determining whether a product is included in the definition of “wine” at T.C.A. § 57-3-802(2). “Suitable agricultural product” does not include grain, cereal, malt, or molasses. Wine does not include any product that contains caffeine, mood enhancers, or other stimulants. Wine does not include any product that is marketed to appear or bottled to appear as an imitation liquor or cocktail substitute, including any product that appears to contain vodka, whiskey, rum, gin, tequila, applejack, mescal, liqueur, or cordial. Wine is not a product marketed or labeled as “cider,” and nothing in this part should affect the marketing of cider products distributed as beer by wholesalers permitted under § 57-5-103.

Please refer to the TABC’s Public Information and Forms Page for a determination of allowed and prohibited products for WIGS.