A major player in the international wine trade and home to a vibrant vino scene, the wine industry in the United Kingdom comprises a variety of business operations, from vineyards to large industrial bottling plants[1]. On the ground, the UK grows its grapes in over 900 vineyards[2], a number which has increased by 87% since 2015[3] and could well rise still further in the future thanks to global warming. Indeed, wine lovers are truly spoilt for choice when bottle-browsing from the country’s 200-plus wineries where the beverage is produced and bottled - a number which has also seen a steady rise, having increased by over 50% since 2015[4].
In an attempt to keep up the momentum, drive innovation and investment, and address sustainability issues, the UK Government launched a public consultation on wine reforms in 2023, aiming to review EU regulations in the UK in a post-Brexit landscape. The feedback received from the UK wine industry had a few common themes, particularly that the existing regulations were found to be burdensome, stifling of innovation and preventing more efficient and sustainable practices.
There was little to no time to wine (yes, we love a pun at K&S), however, as the UK very quickly revamped the rules and the new regulations came into effect on 1 January 2024[5]. This article looks at some of the new big ticket items impacting stakeholders in the wine industry.
Wine without borders: importer labelling
In a move to align UK wine laws with those governing the food industry (and to reduce the post-Brexit impact of a UK-specific label), the requirement that EU-imported wines must have an additional UK importer label has been done away with.
As such, the prefix ‘importer’ or ‘imported by’ is no longer necessary and only the name and address of the Food Business Operator (FBO), i.e. the UK business responsible for producing, importing or marketing the product, will need to be identified on the label. The non-prescriptive definition of an FBO will bring about some added flexibility[6] and EU producers can put their details, along with the UK FBO address, on the same label rather than having two separate labels.
While the new system is not quite as straightforward as in a pre-Brexit world, it is nevertheless hoped that the bureaucratic red tape will be reduced as the FBO system is already used in the food industry and is regularly a part of commercial conversations. It will also be interesting to see what, if any, financial benefits this change will bring, since a reduction in the number of labels should bring down costs, although if there is a change in FBO then these labels must be updated, and in doing so, reprinted.
A quick note before reaching for a new label supplier: a wine which has already been labelled and is being aged, or is already in the supply chain, or is already on the market as of 1 January 2024 does not need to be relabelled. It is also important to note that if the FBO is not based in the UK, Channel Islands or Isle of Man, a separate importer label will still be required.
Uncorking change: no mushrooms (or foil) for me please!
One of the more environmentally friendly and sustainable reforms ushered in is the scrapping of mandatory mushroom stoppers and foil sheaths for sparkling wines made in the UK.
Yes, foil sheaths and traditional stoppers do have a certain je ne sais quoi about them, but for those who simply cannot have their bubbles without the very satisfying POP that comes from opening a new bottle, all is not lost. There are a whole host of alternative wine closures on the market, including the recently launched NOMACORC Ocean and NORMACORC Pops by Vinventions; the first is made using Ocean Bound Plastics, while the latter comes from sustainable renewable raw materials derived from sugar cane.
By removing the mandatory requirement for mushroom stoppers and foil sheaths, businesses’ packaging costs can be reduced and with that the volume of packaging waste - the latter being a definite plus for sustainability-led purchasing decisions.
Shaping diversity: new bottles on the horizon?
Under EU law, there are rules that define the types and shapes of bottles that must be used for marketing certain EU wines. For example, Alsace AOC white wines must be bottled in flutes.
These rules no longer apply in the UK as a result of the new reforms, which aim to tidy up the legal framework by removing restrictions which only apply to EU wine production – the UK does not have protected bottle shapes in relation to wine production.
Interestingly, the Wine Society lined up their rPET bottle trial in 2023 featuring some very picnic-basket-friendly bottles. These are lightweight bottles, which are less energy-intensive to make, and have a lower carbon footprint than single-use glass bottles. A compact and more angular design also means that more bottles can be shipped at once, reducing emissions still further.
Image of 'rPET bottles' from the Wine Society. Source: https://www.thewinesociety.com/sustainability/climate/pet-bottles-at-the-wine-society-a-quick-introduction
Looking ahead, we expect this move to foster creativity and innovation, and perhaps a greater diversity of bottle shapes on our shelves, as producers now have the freedom to use shapes previously unavailable to them.
Grape Expectations: PDOs and PGIs for hybrid grape varieties
A product with a Protected Designation of Origin (PDO) is recognised for its qualities and characteristics that are exclusively a result of the geographical area from which the product originates, and they must always be produced, processed and prepared in the region from which they take their name.
Similarly, a Protected Geographical Indication (PGI) emphasises the relationship between the specific geographic region and the name of the product, whereby that product’s particular quality, reputation or other characteristic is attributable to its geographical origin. A PGI effectively guarantees the product’s qualities and protects the name from misuse or imitation.
What does this mean under the new reforms?
Initially, there was a restriction which required a wine with a PDO to be made be made only from grapes of the species Vitis vinifera. This will now be removed. All other wine, including wine with a PGI, can now be made from grapes of the species Vitis vinifera, or other species of Vitis or crosses of species, i.e., hybrids[7]. It is worth noting that this restriction has also now been removed by the EU.
As a result, producers now have increased flexibility to cultivate and use hybrid grape varieties, which they have chosen based on their needs and against the backdrop of climate change and certain grape varieties’ tendencies to disease.
From an IP perspective, as producers have the right to register PDOs for wines that are made from other species of Vitis and hybrid grape varieties, as well as from Vitis vinifera varieties, the hope is that this will promote the development of more climate- and pest-resistant varieties, thus increasing the chances of more sustainable and commercially viable wine production.
It remains to be seen whether the recognition of a broad spectrum of grape varieties leads to the British PDO label no longer being quite so synonymous with great reputation and quality as it has been to date. Let’s hope the UK wine producers maintain the very high standards and award-winning wines we’ve seen in recent years!
Piquette: wine’s low-key buzz
Originally banned from commercial production and sale in the EU, “Piquette” is now back on the table for British consumers, thanks to the new reforms.
Its name is derived from the French word ‘piquer’ meaning ‘prick’ or ‘prickle’ and aptly describes its gentle fizz. Indeed, Piquette is a low-alcohol beverage made by rinsing certain by-products of wine production, such as grape skins and stalks, with water and then fermenting the rinse.
Although it is still too early to tell, it is expected that the removal of the Piquette ban will have several effects: not only will it create new income streams for wine producers and promote low-waste and sustainable practices, but it will also meet the increasing consumer-led demand for low-to-no alcohol beverages.
Closing notes
It is safe to say that the UK wine industry has been going from strength to strength in recent years, but it is also important to consider the increasing influence of consumer behaviours on business practices in the F&D space, particularly in relation to sustainability and the increased demand for healthier alternatives and low abv drinks. In the longer term, once the dust has settled and the industry has adjusted to the new regulations, we expect to see a real boost in innovation and an associated rise in applications for designs and shape marks for one-of-a-kind bottles, as well as an uptick in applications for PDOs and brand names.
[1] Department for Environment Food & Rural Affairs, Consultation Paper: ‘Smarter Regulation: Wine Reforms Consultation’, May 2023
[2] WineGB’s 2023 Industry Report, June 2023
[3]https://winegb.co.uk/who-we-are/industry-stats/; ‘Hectarage & Production 1975 onwards https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwinegb.co.uk%2Fwp-content%2Fuploads%2F2023%2F06%2FUK-vineyards-data-1975-.xlsx&wdOrigin=BROWSELINK
[4] Ibid.
[5] 'The Wine (Revocation and Consequential Provision) Regulations 2023 (No 1362)'
[6] https://drinksretailingnews.co.uk/what-do-new-rules-around-importer-labels-mean-for-your-business/
[7] Department for Environment Food & Rural Affairs, Consultation Paper: ‘Smarter Regulation: Wine Reforms Consultation’, May 2023