Napa County: Ag committee considers toughening winery rule compliance

Jul 15, 2015

(NVR) - What should Napa County do to ensure that its 450-plus wineries follow wine production and visitation limits?

Agricultural Protection Advisory Committee members on Monday explored having all wineries submit data to the county annually to demonstrate they comply with their use permits. Members need at least another meeting to work out details before possibly arriving at a recommendation.

“I think we’re heading down the right trail with this format,” said committee member Jeri Gill of Sustainable Napa County.

Yet this diverse committee of 17 members from the wine, farming, environmental and business communities, neighborhood groups and cities stopped short of taking a vote. Some members want to make certain the county has the legal ability to keep proprietary winery data a secret.

The compliance issue is part of a bigger Agricultural Protection Advisory Committee assignment to balance winery tourism growth with agriculture. Some members of the community say winery events and tourism are out of control, while others say a shifting wine economy demands more direct-to-consumer sales.

Napa County presently monitors wineries through its annual winery audit. The county chooses at random 20 wineries, keeps their identities a secret, and checks to see if they are following the rules. It emphasizes working with the offenders to bring them into compliance, as opposed to punishing them. Winery participation in the audit is voluntary.

One proposal before the Agricultural Protection Advisory Committee calls for winery self-certification. All wineries would submit information annually on such items as their wine production, marketing events and visitor counts. The winery’s principal officer would attest that the information is accurate.

Rule-breakers would have a year to come into compliance with their use permits. Penalties would result only if rule-breakers failed to follow an approved compliance plan. The county would review up to 2 percent of the filings annually for accuracy, similar to Internal Revenue Service audits for taxpayers.

“There is in my judgement very little willful noncompliance,” said committee Chairman Ted Hall, who represent Napa Valley Grapegrowers.

Rather, marketing people come up with ideas to promote wine, and the county’s Winery Definition Ordinance and Agricultural Preserve rules aren’t always part of the process, he said. He sees the self-certification program as a way to change this dynamic.

Committee member Debra Dommen had concerns that wineries would have only a year to come into compliance. They wouldn’t have time to seek and secure use permit changes from the county, should they decide to go this route, the Napa Chamber of Commerce representative said


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