H 545 — WINE – Amends existing law to provide for personalized labels and customized private labels under certain conditions.

545545, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO WINE;

(a) "Customized private label" means a wine container label, affixed by a winery that produces not more than twenty-five thousand (25,000) gallons of wine annually or vintner,vintner that produces not more than twenty- five thousand (25,000) gallons of wine annually, that meets the minimum mandatory label rerequirements - quirements set forth by federal law and regulations adopted pursuant thereto, and that is customized for a hotel or restaurantrestau - rant that holds a retail wine license that wants to have a special label appear on the concontainer, - tainer, provided that the label is approved by the alcoholal - cohol and tobacco tax and trade bureau of the United States department of the treasury.

Dessert wine as defined herein shall not be deemed to be a spirit-basedspirit- based beverage for the purposes of paragraph (gi) of this subsection.

(f) "Hotel" means a premises that includes a building or structure kept, used, maintained or advertised as an inn, hotel, motel, bed and breakfast, or public lodging house, or place where sleeping accommo-accommo - dations are furnished for hire to transient guests, whether with or without meals, in which more than ten (10) rooms, or in the case of a bed and breakfast more than four (4) rooms, are used for the accommodation of such guests.

and (vii) Can demonstrate through business records that the es- tablishment is advertised and held out to the public as pri-pri - marily a food eating establishment, or that at least forty percent (40%) of the establishment's consumable purchases are derived from purchases of food and nonalcoholic bever - ages.

(7) Nothing in this section or in this act shall prohibit a winery or vintner from furnishing wine with a personalized label to a consumer uponwho theis requestnot or order of the consumer, nor shall this section or this act prohibit a distributor,licensed importer or retailer from aiding or assisting a vintner or winery in the delivery of a wine product with a personalized label to a con - sumer upon the request or order of the consumer, provided that:

(8) Nothing in this section or in this act shall prohibit a winery that produces not more than twenty-five thousand (25,000) gallons of wine annu - ally or vintner that produces not more than twenty-five thousand (25,000) gallons of wine annually from furnishing wine with a customized private labella - bel to a hotel or restaurant with a retail wine license upon the request or order of the hotel or restaurant, nor shall this section or this act prohibit a distributor or importer from aiding or assisting asuch vintner or winery in the delivery of a wine product with a customized private label to a hotel or restaurant with a retail wine license upon the request or order of the hotel or restaurant, provided that:

(10) For purposes of this section, gallons produced shall be inclusive of all wines produced by the vintner or winery and shall also include any wines produced by an entity that is a co-owner, investor or parent company of the vintner or winery.

Specifically excluded from the gallonage calcu - lation shall be wine manufactured and bottled by a winery pursuant to a con - tract with another independently owned winery or vintner, each of which man - ufactures and produces not more than twenty-five thousand (25,000) gallons of wine annually.

(1) Except as authorized by section 23-1325(7) and (8), Idaho Code, n No label on a wine container shall be used or placed thereon which indicates that a retailer is the producer or the bottler thereof or which contains the name of a retailer in any manner, except in the case of winerieswineries. .