{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-219.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-219.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-219.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-219.html"}],"law_id":67187,"edition_id":1,"section_id":67187,"structure_id":14859,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","history":"Code 1950, \u00a7 4-2; 1952, c. 496; 1954, c. 682; 1962, c. 533; 1970, cc. 302, 309; 1974, cc. 460, 497; 1975, c. 408; 1976, cc. 64, 702; 1977, c. 280; 1980, c. 324, \u00a7 4-25.1; 1981, c. 410; 1984, cc. 200, 559; 1985, cc. 448, 457; 1986, c. 190; 1990, cc. 300, 390, 707, 810, 932; 1991, c. 426; 1993, c. 866; 2000, cc. 1037, 1052; 2003, c. 631; 2008, c. 194; 2016, c. 656; 2023, c. 731.","full_text":"A\n\nFor Class I farm winery licensees, all of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced on the licensed premises. Class I farm winery licensees shall have on the licensed premises a growing area no smaller than one and one-half acres that produces fruits or agricultural products used to manufacture the wine of such farm winery. Class I farm winery licensees shall ferment on the licensed premises no less than 2,250 liters of wine per year, and all of the wine sold by such licensee shall be fermented on the licensed premises.B\n\nFor Class II farm winery licensees, at least 51 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced on property in the Commonwealth that is owned or leased by the licensee and no more than 25 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced outside the Commonwealth. Class II farm winery licensees shall have on the licensed premises a growing area no smaller than three acres that produces fruits or agricultural products used to manufacture the wine of such farm winery.C\n\nFor Class III farm winery licensees, 75 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced in the Commonwealth. Class III farm winery licensees shall ferment on the licensed premises no less than 4,500 liters of wine per year, and no less than 75 percent of the wine sold by such licensee shall be fermented on the licensed premises.D\n\nFor Class IV farm winery licensees, 75 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced in the Commonwealth. Class IV farm winery licensees shall have on the licensed premises a growing area no smaller than 10 acres that produces fruits or agricultural products used to manufacture the wine of such farm winery. No Class IV farm winery license shall be issued to any person that has not operated under an existing farm winery license for at least seven years.E\n\nA farm winery licensee may trade with other farm winery licensees fruits or agricultural products grown or produced on property in the Commonwealth that is owned or leased by such farm winery licensees. For the purposes of this section, fruit or agricultural products traded or exchanged between farm winery licensees shall be considered grown or produced on the licensed premises of the receiving licensee for the purposes of meeting the fruit sourcing requirement in subsections A, B, C, and D, provided that verification is provided to the receiving licensee that the fruit or agricultural products traded or exchanged were grown or produced in the Commonwealth by the farm winery licensee engaging in such trade or exchange. Both licensees shall maintain complete and accurate records of the quantity and source of any fruit or agricultural products traded or exchanged. Such trades or exchanges shall be bona fide transactions based on the fair market value of the fruits or agricultural products traded or exchanged. For the purposes of this subsection, “agricultural products” means the raw materials used or intended to be used in the manufacture of wine or cider by farm winery licensees.F\n\nNotwithstanding the provisions of subsections A, B, C, and D, upon petition by the Department of Agriculture and Consumer Services, the Board may permit the use (i) of a greater quantity of out-of-state products if supplies grown or produced in the Commonwealth are insufficient for a farm winery licensee, whether Class I, Class II, Class III, or Class IV, to achieve the level of production that otherwise could be anticipated during a given license year or (ii) by a Class I, Class II, or Class IV farm winery of a lesser percentage of products grown or produced on the licensed premises or on property in the Commonwealth that is owned or leased by the licensee, as applicable, if unusually severe weather or disease conditions cause a significant reduction in the availability of fruit or other agricultural products grown or produced on such property to manufacture wine during a given license year.G\n\nAs used in this section, the phrase “property in the Commonwealth that is owned or leased by the licensee” shall include, in the case of a cooperative licensed as a farm winery, any property in the Commonwealth that is owned or leased by a member of such cooperative.","order_by":null,"text":{"0":{"id":243564,"text":"For Class I farm winery licensees, all of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced on the licensed premises. Class I farm winery licensees shall have on the licensed premises a growing area no smaller than one and one-half acres that produces fruits or agricultural products used to manufacture the wine of such farm winery. Class I farm winery licensees shall ferment on the licensed premises no less than 2,250 liters of wine per year, and all of the wine sold by such licensee shall be fermented on the licensed premises.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243565,"text":"For Class II farm winery licensees, at least 51 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced on property in the Commonwealth that is owned or leased by the licensee and no more than 25 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced outside the Commonwealth. Class II farm winery licensees shall have on the licensed premises a growing area no smaller than three acres that produces fruits or agricultural products used to manufacture the wine of such farm winery.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243566,"text":"For Class III farm winery licensees, 75 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced in the Commonwealth. Class III farm winery licensees shall ferment on the licensed premises no less than 4,500 liters of wine per year, and no less than 75 percent of the wine sold by such licensee shall be fermented on the licensed premises.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":243567,"text":"For Class IV farm winery licensees, 75 percent of the fruits or agricultural products used by the licensee to manufacture wine shall be grown or produced in the Commonwealth. Class IV farm winery licensees shall have on the licensed premises a growing area no smaller than 10 acres that produces fruits or agricultural products used to manufacture the wine of such farm winery. No Class IV farm winery license shall be issued to any person that has not operated under an existing farm winery license for at least seven years.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":243568,"text":"A farm winery licensee may trade with other farm winery licensees fruits or agricultural products grown or produced on property in the Commonwealth that is owned or leased by such farm winery licensees. For the purposes of this section, fruit or agricultural products traded or exchanged between farm winery licensees shall be considered grown or produced on the licensed premises of the receiving licensee for the purposes of meeting the fruit sourcing requirement in subsections A, B, C, and D, provided that verification is provided to the receiving licensee that the fruit or agricultural products traded or exchanged were grown or produced in the Commonwealth by the farm winery licensee engaging in such trade or exchange. Both licensees shall maintain complete and accurate records of the quantity and source of any fruit or agricultural products traded or exchanged. Such trades or exchanges shall be bona fide transactions based on the fair market value of the fruits or agricultural products traded or exchanged. For the purposes of this subsection, “agricultural products” means the raw materials used or intended to be used in the manufacture of wine or cider by farm winery licensees.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":243569,"text":"Notwithstanding the provisions of subsections A, B, C, and D, upon petition by the Department of Agriculture and Consumer Services, the Board may permit the use (i) of a greater quantity of out-of-state products if supplies grown or produced in the Commonwealth are insufficient for a farm winery licensee, whether Class I, Class II, Class III, or Class IV, to achieve the level of production that otherwise could be anticipated during a given license year or (ii) by a Class I, Class II, or Class IV farm winery of a lesser percentage of products grown or produced on the licensed premises or on property in the Commonwealth that is owned or leased by the licensee, as applicable, if unusually severe weather or disease conditions cause a significant reduction in the availability of fruit or other agricultural products grown or produced on such property to manufacture wine during a given license year.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":243570,"text":"As used in this section, the phrase “property in the Commonwealth that is owned or leased by the licensee” shall include, in the case of a cooperative licensed as a farm winery, any property in the Commonwealth that is owned or leased by a member of such cooperative.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14859,"edition_id":1,"name":"Licenses Granted by Board; Limitations; Revocation and Suspension","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13825,"metadata":{},"date_created":"2026-06-26 03:50:26","date_modified":"2026-06-26 03:50:26","permalink":{"id":218831,"object_type":"structure","relational_id":14859,"identifier":"2","token":"4.1\/I\/2\/2","url":"\/4.1\/I\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13825,"edition_id":1,"name":"Administration of Licenses","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:46:00","date_modified":"2026-06-26 03:46:00","permalink":{"id":218791,"object_type":"structure","relational_id":13825,"identifier":"2","token":"4.1\/I\/2","url":"\/4.1\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79854,"structure_id":14859,"section_number":"4.1-206","catch_line":"Repealed","url":"\/4.1-206\/","token":"4.1\/I\/2\/2\/4.1-206","metadata":false},{"id":85579,"structure_id":14859,"section_number":"4.1-206.1","catch_line":"Manufacturer licenses","url":"\/4.1-206.1\/","token":"4.1\/I\/2\/2\/4.1-206.1","metadata":false},{"id":64438,"structure_id":14859,"section_number":"4.1-206.2","catch_line":"Wholesale licenses","url":"\/4.1-206.2\/","token":"4.1\/I\/2\/2\/4.1-206.2","metadata":false},{"id":71341,"structure_id":14859,"section_number":"4.1-206.3","catch_line":"Retail licenses","url":"\/4.1-206.3\/","token":"4.1\/I\/2\/2\/4.1-206.3","metadata":false},{"id":61956,"structure_id":14859,"section_number":"4.1-207","catch_line":"Repealed","url":"\/4.1-207\/","token":"4.1\/I\/2\/2\/4.1-207","metadata":false},{"id":76919,"structure_id":14859,"section_number":"4.1-207.1","catch_line":"Repealed","url":"\/4.1-207.1\/","token":"4.1\/I\/2\/2\/4.1-207.1","metadata":false},{"id":74961,"structure_id":14859,"section_number":"4.1-208","catch_line":"Repealed","url":"\/4.1-208\/","token":"4.1\/I\/2\/2\/4.1-208","metadata":false},{"id":69143,"structure_id":14859,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","url":"\/4.1-209\/","token":"4.1\/I\/2\/2\/4.1-209","metadata":false},{"id":56854,"structure_id":14859,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper's license","url":"\/4.1-209.1\/","token":"4.1\/I\/2\/2\/4.1-209.1","metadata":false},{"id":75458,"structure_id":14859,"section_number":"4.1-210","catch_line":"Repealed","url":"\/4.1-210\/","token":"4.1\/I\/2\/2\/4.1-210","metadata":false},{"id":79818,"structure_id":14859,"section_number":"4.1-211","catch_line":"Temporary licenses","url":"\/4.1-211\/","token":"4.1\/I\/2\/2\/4.1-211","metadata":false},{"id":78252,"structure_id":14859,"section_number":"4.1-212","catch_line":"Permits required in certain instances","url":"\/4.1-212\/","token":"4.1\/I\/2\/2\/4.1-212","metadata":false},{"id":63303,"structure_id":14859,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","url":"\/4.1-212.1\/","token":"4.1\/I\/2\/2\/4.1-212.1","metadata":false},{"id":71769,"structure_id":14859,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","url":"\/4.1-212.2\/","token":"4.1\/I\/2\/2\/4.1-212.2","metadata":false},{"id":70957,"structure_id":14859,"section_number":"4.1-213","catch_line":"Manufacture and sale of cider","url":"\/4.1-213\/","token":"4.1\/I\/2\/2\/4.1-213","metadata":false},{"id":59198,"structure_id":14859,"section_number":"4.1-214","catch_line":"Limitations on licenses; sale outside the Commonwealth","url":"\/4.1-214\/","token":"4.1\/I\/2\/2\/4.1-214","metadata":false},{"id":82323,"structure_id":14859,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","url":"\/4.1-215\/","token":"4.1\/I\/2\/2\/4.1-215","metadata":false},{"id":68333,"structure_id":14859,"section_number":"4.1-216","catch_line":"Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices","url":"\/4.1-216\/","token":"4.1\/I\/2\/2\/4.1-216","metadata":false},{"id":83813,"structure_id":14859,"section_number":"4.1-216.1","catch_line":"Point-of-sale advertising materials authorized under certain conditions; civil penalties","url":"\/4.1-216.1\/","token":"4.1\/I\/2\/2\/4.1-216.1","metadata":false},{"id":75252,"structure_id":14859,"section_number":"4.1-217","catch_line":"Limitation on brewery licenses","url":"\/4.1-217\/","token":"4.1\/I\/2\/2\/4.1-217","metadata":false},{"id":74830,"structure_id":14859,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","url":"\/4.1-218\/","token":"4.1\/I\/2\/2\/4.1-218","metadata":false},{"id":67187,"structure_id":14859,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","url":"\/4.1-219\/","token":"4.1\/I\/2\/2\/4.1-219","metadata":false},{"id":77840,"structure_id":14859,"section_number":"4.1-220","catch_line":"Repealed","url":"\/4.1-220\/","token":"4.1\/I\/2\/2\/4.1-220","metadata":false},{"id":78481,"structure_id":14859,"section_number":"4.1-221","catch_line":"Limitation on mixed beverage licensees; exceptions","url":"\/4.1-221\/","token":"4.1\/I\/2\/2\/4.1-221","metadata":false},{"id":57397,"structure_id":14859,"section_number":"4.1-221.1","catch_line":"Limitation of tasting licenses","url":"\/4.1-221.1\/","token":"4.1\/I\/2\/2\/4.1-221.1","metadata":false},{"id":80682,"structure_id":14859,"section_number":"4.1-222","catch_line":"Conditions under which Board may refuse to grant licenses","url":"\/4.1-222\/","token":"4.1\/I\/2\/2\/4.1-222","metadata":false},{"id":86989,"structure_id":14859,"section_number":"4.1-223","catch_line":"Conditions under which Board shall refuse to grant licenses","url":"\/4.1-223\/","token":"4.1\/I\/2\/2\/4.1-223","metadata":false},{"id":59746,"structure_id":14859,"section_number":"4.1-224","catch_line":"Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions","url":"\/4.1-224\/","token":"4.1\/I\/2\/2\/4.1-224","metadata":false},{"id":56780,"structure_id":14859,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","url":"\/4.1-225\/","token":"4.1\/I\/2\/2\/4.1-225","metadata":false},{"id":59182,"structure_id":14859,"section_number":"4.1-225.1","catch_line":"Summary suspension in emergency circumstances; grounds; notice and hearing","url":"\/4.1-225.1\/","token":"4.1\/I\/2\/2\/4.1-225.1","metadata":false},{"id":70174,"structure_id":14859,"section_number":"4.1-226","catch_line":"Grounds for which Board shall suspend or revoke licenses","url":"\/4.1-226\/","token":"4.1\/I\/2\/2\/4.1-226","metadata":false},{"id":79871,"structure_id":14859,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","url":"\/4.1-227\/","token":"4.1\/I\/2\/2\/4.1-227","metadata":false},{"id":74907,"structure_id":14859,"section_number":"4.1-228","catch_line":"Suspension or revocation; disposition of beverages on hand; termination","url":"\/4.1-228\/","token":"4.1\/I\/2\/2\/4.1-228","metadata":false},{"id":84633,"structure_id":14859,"section_number":"4.1-229","catch_line":"Suspension or revocation of permits; grounds; notice and hearing; exception","url":"\/4.1-229\/","token":"4.1\/I\/2\/2\/4.1-229","metadata":false}],"previous_section":{"id":74830,"structure_id":14859,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","url":"\/4.1-218\/","token":"4.1\/I\/2\/2\/4.1-218","metadata":false},"next_section":{"id":77840,"structure_id":14859,"section_number":"4.1-220","catch_line":"Repealed","url":"\/4.1-220\/","token":"4.1\/I\/2\/2\/4.1-220","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-219\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 21 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 496; in 1954, chapter 682; in 1962, chapter 533; in 1970, chapters 302 and 309; in 1974, chapters 460 and 497; in 1975, chapter 408; in 1976, chapters 64 and 702; in 1977, chapter 280; in 1980, chapter 324; in 1981, chapter 410; in 1984, chapters 200 and 559; in 1985, chapters 448 and 457; in 1986, chapter 190; in 1990, chapters 300, 390, 707, 810, and 932; in 1991, chapter 426; in 1993, chapter 866; in 2000, chapters 1037<\/a> and 1052<\/a>; in 2003, chapter 631<\/a>; in 2008, chapter 194<\/a>; in 2016, chapter 656<\/a>; in 2023, chapter 731<\/a>.<\/p>","references":[{"id":55602,"section_number":"4.1-100","catch_line":"Definitions","order_by":null,"url":"\/4.1-100\/"},{"id":58089,"section_number":"4.1-201","catch_line":"Conduct not prohibited by this subtitle; limitation","order_by":null,"url":"\/4.1-201\/"},{"id":85579,"section_number":"4.1-206.1","catch_line":"Manufacturer licenses","order_by":null,"url":"\/4.1-206.1\/"}],"refers_to":false,"permalink":{"id":218917,"object_type":"law","relational_id":67187,"identifier":"4.1-219","token":"4.1\/I\/2\/2\/4.1-219","url":"\/4.1-219\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-219\/","token":"4.1\/I\/2\/2\/4.1-219","dublin_core":{"Title":"Limitations on Class I, II, III, and IV farm wineries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-219","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For Class I farm winery<\/span> licensees<\/span>, all of the fruits or agricultural products<\/span> used by the licensee<\/span> to manufacture wine<\/span> shall be grown or produced on the licensed<\/span> premises. Class I farm winery<\/span> licensees<\/span> shall have on the licensed<\/span> premises a growing area no smaller than one and one-half acres that produces fruits or agricultural products<\/span> used to manufacture the wine<\/span> of such farm winery<\/span>. Class I farm winery<\/span> licensees<\/span> shall ferment on the licensed<\/span> premises no less than 2,250 liters of wine<\/span> per year, and all of the wine<\/span> sold by such licensee<\/span> shall be fermented on the licensed<\/span> premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For Class II farm winery<\/span> licensees<\/span>, at least 51 percent of the fruits or agricultural products<\/span> used by the licensee<\/span> to manufacture wine<\/span> shall be grown or produced on property in the Commonwealth that is owned or leased by the licensee<\/span> and no more than 25 percent of the fruits or agricultural products<\/span> used by the licensee<\/span> to manufacture wine<\/span> shall be grown or produced outside the Commonwealth. Class II farm winery<\/span> licensees<\/span> shall have on the licensed<\/span> premises a growing area no smaller than three acres that produces fruits or agricultural products<\/span> used to manufacture the wine<\/span> of such farm winery<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For Class III farm winery<\/span> licensees<\/span>, 75 percent of the fruits or agricultural products<\/span> used by the licensee<\/span> to manufacture wine<\/span> shall be grown or produced in the Commonwealth. Class III farm winery<\/span> licensees<\/span> shall ferment on the licensed<\/span> premises no less than 4,500 liters of wine<\/span> per year, and no less than 75 percent of the wine<\/span> sold by such licensee<\/span> shall be fermented on the licensed<\/span> premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For Class IV farm winery<\/span> licensees<\/span>, 75 percent of the fruits or agricultural products<\/span> used by the licensee<\/span> to manufacture wine<\/span> shall be grown or produced in the Commonwealth. Class IV farm winery<\/span> licensees<\/span> shall have on the licensed<\/span> premises a growing area no smaller than 10 acres that produces fruits or agricultural products<\/span> used to manufacture the wine<\/span> of such farm winery<\/span>. No Class IV farm winery<\/span> license shall be issued to any person that has not operated under an existing farm winery<\/span> license for at least seven years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A farm winery<\/span> licensee<\/span> may trade with other farm winery<\/span> licensees<\/span> fruits or agricultural products<\/span> grown or produced on property in the Commonwealth that is owned or leased by such farm winery<\/span> licensees<\/span>. For the purposes of this section, fruit or agricultural products<\/span> traded or exchanged between farm winery<\/span> licensees<\/span> shall be considered grown or produced on the licensed<\/span> premises of the receiving licensee<\/span> for the purposes of meeting the fruit sourcing requirement in subsections A, B, C, and D, provided that verification is provided to the receiving licensee<\/span> that the fruit or agricultural products<\/span> traded or exchanged were grown or produced in the Commonwealth by the farm winery<\/span> licensee<\/span> engaging in such trade or exchange. Both licensees<\/span> shall maintain complete and accurate records of the quantity and source of any fruit or agricultural products<\/span> traded or exchanged. Such trades or exchanges shall be bona fide transactions based on the fair market value of the fruits or agricultural products<\/span> traded or exchanged. For the purposes of this subsection, “agricultural products<\/span>” means the raw materials<\/span> used or intended to be used in the manufacture of wine<\/span> or cider by farm winery<\/span> licensees<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of subsections A, B, C, and D, upon petition<\/span> by the Department of Agriculture and Consumer Services, the Board<\/span> may permit the use (i) of a greater quantity of out-of-state products if supplies grown or produced in the Commonwealth are insufficient for a farm winery<\/span> licensee<\/span>, whether Class I, Class II, Class III, or Class IV, to achieve the level of production that otherwise could be anticipated during a given license year or (ii) by a Class I, Class II, or Class IV farm winery<\/span> of a lesser percentage of products grown or produced on the licensed<\/span> premises or on property in the Commonwealth that is owned or leased by the licensee<\/span>, as applicable, if unusually severe weather or disease conditions cause a significant reduction in the availability of fruit or other agricultural products<\/span> grown or produced on such property to manufacture wine<\/span> during a given license year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> As used in this section, the phrase “property in the Commonwealth that is owned or leased by the licensee<\/span>” shall include, in the case of a cooperative<\/span> licensed<\/span> as a farm winery<\/span>, any property in the Commonwealth that is owned or leased by a member of such cooperative<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATIONS ON CLASS I, II, III, AND IV FARM WINERIES (\u00a7 4.1-219)\n\nA. For Class I farm winery licensees, all of the fruits or agricultural products\nused by the licensee to manufacture wine shall be grown or produced on the\nlicensed premises. Class I farm winery licensees shall have on the licensed\npremises a growing area no smaller than one and one-half acres that produces\nfruits or agricultural products used to manufacture the wine of such farm\nwinery. Class I farm winery licensees shall ferment on the licensed premises no\nless than 2,250 liters of wine per year, and all of the wine sold by such\nlicensee shall be fermented on the licensed premises.\n\nB. For Class II farm winery licensees, at least 51 percent of the fruits or\nagricultural products used by the licensee to manufacture wine shall be grown or\nproduced on property in the Commonwealth that is owned or leased by the licensee\nand no more than 25 percent of the fruits or agricultural products used by the\nlicensee to manufacture wine shall be grown or produced outside the\nCommonwealth. Class II farm winery licensees shall have on the licensed premises\na growing area no smaller than three acres that produces fruits or agricultural\nproducts used to manufacture the wine of such farm winery.\n\nC. For Class III farm winery licensees, 75 percent of the fruits or agricultural\nproducts used by the licensee to manufacture wine shall be grown or produced in\nthe Commonwealth. Class III farm winery licensees shall ferment on the licensed\npremises no less than 4,500 liters of wine per year, and no less than 75 percent\nof the wine sold by such licensee shall be fermented on the licensed premises.\n\nD. For Class IV farm winery licensees, 75 percent of the fruits or agricultural\nproducts used by the licensee to manufacture wine shall be grown or produced in\nthe Commonwealth. Class IV farm winery licensees shall have on the licensed\npremises a growing area no smaller than 10 acres that produces fruits or\nagricultural products used to manufacture the wine of such farm winery. No Class\nIV farm winery license shall be issued to any person that has not operated under\nan existing farm winery license for at least seven years.\n\nE. A farm winery licensee may trade with other farm winery licensees fruits or\nagricultural products grown or produced on property in the Commonwealth that is\nowned or leased by such farm winery licensees. For the purposes of this section,\nfruit or agricultural products traded or exchanged between farm winery licensees\nshall be considered grown or produced on the licensed premises of the receiving\nlicensee for the purposes of meeting the fruit sourcing requirement in\nsubsections A, B, C, and D, provided that verification is provided to the\nreceiving licensee that the fruit or agricultural products traded or exchanged\nwere grown or produced in the Commonwealth by the farm winery licensee engaging\nin such trade or exchange. Both licensees shall maintain complete and accurate\nrecords of the quantity and source of any fruit or agricultural products traded\nor exchanged. Such trades or exchanges shall be bona fide transactions based on\nthe fair market value of the fruits or agricultural products traded or\nexchanged. For the purposes of this subsection, “agricultural\nproducts” means the raw materials used or intended to be used in the\nmanufacture of wine or cider by farm winery licensees.\n\nF. Notwithstanding the provisions of subsections A, B, C, and D, upon petition\nby the Department of Agriculture and Consumer Services, the Board may permit the\nuse (i) of a greater quantity of out-of-state products if supplies grown or\nproduced in the Commonwealth are insufficient for a farm winery licensee,\nwhether Class I, Class II, Class III, or Class IV, to achieve the level of\nproduction that otherwise could be anticipated during a given license year or\n(ii) by a Class I, Class II, or Class IV farm winery of a lesser percentage of\nproducts grown or produced on the licensed premises or on property in the\nCommonwealth that is owned or leased by the licensee, as applicable, if\nunusually severe weather or disease conditions cause a significant reduction in\nthe availability of fruit or other agricultural products grown or produced on\nsuch property to manufacture wine during a given license year.\n\nG. As used in this section, the phrase “property in the Commonwealth that\nis owned or leased by the licensee” shall include, in the case of a\ncooperative licensed as a farm winery, any property in the Commonwealth that is\nowned or leased by a member of such cooperative.\n\nHISTORY: Code 1950, \u00a7 4-2; 1952, c. 496; 1954, c. 682; 1962, c. 533; 1970, cc.\n302, 309; 1974, cc. 460, 497; 1975, c. 408; 1976, cc. 64, 702; 1977, c. 280;\n1980, c. 324, \u00a7 4-25.1; 1981, c. 410; 1984, cc. 200, 559; 1985, cc. 448, 457;\n1986, c. 190; 1990, cc. 300, 390, 707, 810, 932; 1991, c. 426; 1993, c. 866;\n2000, cc. 1037, 1052; 2003, c. 631; 2008, c. 194; 2016, c. 656; 2023, c. 731.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}