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32 WINES&VINES August 2016 Viewpoint I n 1978, the United States adopted a formal wine appellation system with a new category of American Viticultural Areas (AVAs). Since then, more than 225 AVAs have been estab- lished in 32 states. And while some AVAs have been wildly successful and are recognized today around the world, others have "died on the vine." From 2007 to 2011, the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) conducted a thorough reassessment of the AVA program. While this review was welcome, it was an op- portunity lost. As I learned after more than 30 years of battles over the establishment and protection of AVAs, the appellation program is in need of change. With the benefit of hindsight and with the recognition that our AVAs now compete on the world stage, I believe that the TTB can—and must—take steps to enhance the credibility of U.S. appellations. TTB expertise Coincidentally, the changes that TTB should pursue are the very ones it rejected at the outset of the appellation program. In 1975, many vintners and growers urged ATF (TTB's predecessor, the Bureau of Alcohol, Tobacco & Firearms) to appoint vintner- grower advisory committees at the local or state level to help the agency evaluate AVA petitions. ATF rejected this idea and instead trusted the public rulemaking process to bring to light the merits and demerits of any proposed AVA. In rulemaking, all concerned parties have a chance to comment on AVA peti- tions and TTB's proposed decisions. Based on that public record, an impartial TTB makes the final decision. This approach is no longer adequate. Terroir is too compli- cated, and TTB officials are not sufficiently versed in the evolv- ing sciences of viticulture, enology, geography, pedology (soil science), geology and climatology. TTB must have the expertise to lead—not simply follow—the important discussions about viticultural distinctiveness. Having appellation experts at TTB would help to address the most frequent criticism of AVAs—that they are marketing devices that impart no useful information to consumers. Bill Earle, former assistant director of the ATF, says, "The agency has long been wary that industry members might try to establish AVAs for marketing reasons, without adequate scientific evidence. The agency should do comprehen- sive due diligence not only on specific AVA proposals but also on the petitioners themselves." I agree; if there is no funding to hire in-house ex- perts, TTB can appoint a fed- eral advisory committee consisting of various industry experts. Federal advisory com- mittees were first autho- rized by Congress in 1972 to help the government man- age and solve com- plex or divisive issues. Congress requires that the membership of advisory commit- n RICHARD MENDELSON Steps to Enhance Credibility of AVAs Editor's note: The following excerpt, with certain modifications, is from a new book by Richard Mendelson, Appellation Napa Valley: Building and Protecting an American Treasure (Val de Grace Books 2016). In his book, Mendelson, who managed the legal work for many appellations in California and elsewhere, tells a detailed story of the birth, definition, personalities and protection of the Napa Valley. In so doing, he offers insights into the establishment of American Viticultural Areas and the future of vineyard designations in the United States. Mendelson's book is available for purchase at appellationnapavalley.com.