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18 WINES&VINES November 2018 T he threat of smoke taint has cast a long shadow over West Coast wine regions this year as the worst wildfire seasons on record cast plumes over California and the Pacific Northwest. Wineries and growers from Lake Okanagan to Lake County have been wrestling with the risk to grapes, sending fruit for testing and preparing to mitigate the damage. But some wineries simply walked away from the risk, thanks to contract clauses they claim gave them the right to reject fruit be- lieved to hold a reasonable risk of taint. Another smoky summer and fall, a year after the devasting Northern California fires of October 2017, indicate smoke could be- come an annual issue for the Western wine and grape industry. The most contentious of the cases saw the rejection of more than 2,000 tons of grapes from southern Oregon with an estimated value of $4 million by Copper Cane LLC, the Rutherford, Calif., vintner simultaneously fending off allegations of breaching Oregon labelling regulations with its Willametter Journal and Elouan brands. "All the contract says is that they can reject it based on taint, but there is no metric by which that's deter- mined," said Michael Moore of Quail Run Vineyards in Talent Ore., who saw some of the company's Pinot Noir and all of its Char- donnay rejected. While he acknowledges that clause "should have been a red flag," he had never had fruit rejected in his three decades as a grower and notes that Copper Cane was thrilled with the quality of the fruit it received during the smokier season of 2017. "We've never once had a client reject a lot of fruit, so I think we were just lulled into signing it because of that experience," Moore said. No third-party testing According to growers, Copper Cane, whose principal Joe Wagner recently told Wines & Vines he prides himself on tight control over winemaking practices, reportedly crushed grape samples at its winery in Rutherford and 10 days later conducted sensory tests on the juice. This is well before most experts expect to discern traces of smoke taint in affected wines. "If you're going to claim that you can re- ject it for smoke taint … you can't be the one to determine that any more than I can, the grower," Moore said. "It has to be a third party. But they never did that. There's never been a third party involved anywhere in the decision." Growers received notices cancelling fruit deliveries between Sept. 22-28, in some cases too late for fruit to be picked up by others. However, in a high-profile rescue opera- tion last week, several Willamette Valley wineries stepped up to pick the forlorn grapes. Wineries including Willamette Valley Vineyards Inc., Stoller Wine Group and A to Z Wineworks have offered to find a place for the grapes in their own brands, or allocate them to a wine tentatively branded "Solidar- ity," honoring this particular moment in the state's wine history. It's the exact kind of stopgap measure that contracts are meant to forestall, by providing clear terms for buyer and seller and highlight- ing next steps. But the risks a volatile climate pose are leading some growers to rethink the contract process. Third-Party Tests Suggested as Wineries and Growers Dispute Smoke Clauses QST offers its clients……. Professionally fabricated stainless tanks 35 years of tank fabrication experience Performance & reliability guarantees Custom designs & modern features Quick & competitive tank project pricing On site tank repairs & modifications Special application tanks of all sizes "In stock tanks" from 500 to 10,000 gallons 510 Caletti Ave. Windsor, Ca. 95492 Phone 707-837-2721 or Toll-Free 877-598-0672 www.qualitystainless.com Company Website winetanks@aol.com email contact/sales info Custom Fabricated Tanks for the perfect size & fit… or Ready to Ship "Stock Tanks" Either way QST is ready to assist our clients! Call QST today for information or pricing! QUALITY STAINLESS TANKS WINE INDUSTRY NEWS