{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-401.html"}],"law_id":60540,"edition_id":1,"section_id":60540,"structure_id":13869,"section_number":"4.1-401","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 4-118.21, 4-118.23; 1985, c. 542, \u00a7 4-118.43; 1986, c. 102; 1989, c. 10; 1991, c. 628; 1993, c. 866; 1997, c. 801.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a winery and wine wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the winery’s brands of wine. The doing or accomplishment of any of the following acts shall constitute prima facie evidence of an agreement within the meaning of this definition:\n\n1\n\nThe shipment, preparation for shipment or acceptance of any order by a winery for any wine to a wine wholesaler within the Commonwealth.2\n\nThe payment by a wine wholesaler and the acceptance of payment by any winery for the shipment of an order of wine intended for sale in the Commonwealth.\n\t\t\t“Brand” means any word, name, group of letters, symbol or combination thereof adopted and used by a winery to identify a specific wine product and to distinguish that product from other wine produced or marketed by that winery or other wineries. The use of general corporate logos or symbols or the use of advertising messages, whether appearing on the product packaging or elsewhere, shall not be considered to be a brand, brand extension, or part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension” and “extension of a brand” mean any brand which incorporates all or a substantial part of the unique features of a preexisting brand of the same winery and which relies to a significant extent on the good will associated with such preexisting brand.\n\t\t\t“Dual distributorships” means the existence of agreements between a single winery and more than one wholesaler, each selling a different brand, in a given territory as the result of a purchase of another winery.\n\t\t\t“Nonsurviving winery” means any winery which is purchased by another winery as provided in § 4.1-405 and, as a result, ceases to exist as an independent legal entity.\n\t\t\t“Person” means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. Person also includes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation.\n\t\t\t“Surviving winery” means the winery which purchases a nonsurviving winery as provided in § 4.1-405.\n\t\t\t“Territory” or “sales territory” means the area of primary sales responsibility within the Commonwealth expressly or implicitly designated by any agreement between any wine wholesaler and winery for the brand or brands of any winery.\n\t\t\t“Wine wholesaler” means any wholesale wine licensee offering wine for sale or resale to retailers or other wine wholesalers without regard to whether the business of the person is conducted under the terms of an agreement with a licensed winery.\n\t\t\t“Winery” means every person, including any authorized representative of such person pursuant to § 4.1-218, which enters into an agreement with any Virginia wholesale wine licensee and (i) is licensed as a winery or is licensed as a Virginia farm winery, (ii) is licensed as a wine importer and is not simultaneously licensed as a wine wholesaler, (iii) manufactures or sells any wine products, whether licensed in the Commonwealth or not, or (iv) without regard to whether such person is licensed in the Commonwealth, has title to any wine products, excluding Virginia wholesale licensees and retail licensees, and has the manufacturer’s authorization to market such products under its own brand or the manufacturer’s brand.","order_by":null,"text":{"0":{"id":221329,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a winery and wine wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the winery’s brands of wine. The doing or accomplishment of any of the following acts shall constitute prima facie evidence of an agreement within the meaning of this definition:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":221330,"text":"The shipment, preparation for shipment or acceptance of any order by a winery for any wine to a wine wholesaler within the Commonwealth.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":221331,"text":"The payment by a wine wholesaler and the acceptance of payment by any winery for the shipment of an order of wine intended for sale in the Commonwealth.\n\t\t\t“Brand” means any word, name, group of letters, symbol or combination thereof adopted and used by a winery to identify a specific wine product and to distinguish that product from other wine produced or marketed by that winery or other wineries. The use of general corporate logos or symbols or the use of advertising messages, whether appearing on the product packaging or elsewhere, shall not be considered to be a brand, brand extension, or part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension” and “extension of a brand” mean any brand which incorporates all or a substantial part of the unique features of a preexisting brand of the same winery and which relies to a significant extent on the good will associated with such preexisting brand.\n\t\t\t“Dual distributorships” means the existence of agreements between a single winery and more than one wholesaler, each selling a different brand, in a given territory as the result of a purchase of another winery.\n\t\t\t“Nonsurviving winery” means any winery which is purchased by another winery as provided in § 4.1-405 and, as a result, ceases to exist as an independent legal entity.\n\t\t\t“Person” means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. Person also includes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation.\n\t\t\t“Surviving winery” means the winery which purchases a nonsurviving winery as provided in § 4.1-405.\n\t\t\t“Territory” or “sales territory” means the area of primary sales responsibility within the Commonwealth expressly or implicitly designated by any agreement between any wine wholesaler and winery for the brand or brands of any winery.\n\t\t\t“Wine wholesaler” means any wholesale wine licensee offering wine for sale or resale to retailers or other wine wholesalers without regard to whether the business of the person is conducted under the terms of an agreement with a licensed winery.\n\t\t\t“Winery” means every person, including any authorized representative of such person pursuant to § 4.1-218, which enters into an agreement with any Virginia wholesale wine licensee and (i) is licensed as a winery or is licensed as a Virginia farm winery, (ii) is licensed as a wine importer and is not simultaneously licensed as a wine wholesaler, (iii) manufactures or sells any wine products, whether licensed in the Commonwealth or not, or (iv) without regard to whether such person is licensed in the Commonwealth, has title to any wine products, excluding Virginia wholesale licensees and retail licensees, and has the manufacturer’s authorization to market such products under its own brand or the manufacturer’s brand.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13869,"edition_id":1,"name":"Wine Franchise Act","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:46:08","date_modified":"2026-06-26 03:46:08","permalink":{"id":219259,"object_type":"structure","relational_id":13869,"identifier":"4","token":"4.1\/I\/4","url":"\/4.1\/I\/4\/","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":83781,"structure_id":13869,"section_number":"4.1-400","catch_line":"Construction and purpose","url":"\/4.1-400\/","token":"4.1\/I\/4\/4.1-400","metadata":false},{"id":60540,"structure_id":13869,"section_number":"4.1-401","catch_line":"Definitions","url":"\/4.1-401\/","token":"4.1\/I\/4\/4.1-401","metadata":false},{"id":55509,"structure_id":13869,"section_number":"4.1-402","catch_line":"Applicability","url":"\/4.1-402\/","token":"4.1\/I\/4\/4.1-402","metadata":false},{"id":75909,"structure_id":13869,"section_number":"4.1-403","catch_line":"No inducement or coercion","url":"\/4.1-403\/","token":"4.1\/I\/4\/4.1-403","metadata":false},{"id":60486,"structure_id":13869,"section_number":"4.1-404","catch_line":"Sales territory","url":"\/4.1-404\/","token":"4.1\/I\/4\/4.1-404","metadata":false},{"id":59612,"structure_id":13869,"section_number":"4.1-405","catch_line":"Sale of winery","url":"\/4.1-405\/","token":"4.1\/I\/4\/4.1-405","metadata":false},{"id":72000,"structure_id":13869,"section_number":"4.1-406","catch_line":"Cancellation","url":"\/4.1-406\/","token":"4.1\/I\/4\/4.1-406","metadata":false},{"id":78096,"structure_id":13869,"section_number":"4.1-407","catch_line":"Notice of intent to terminate","url":"\/4.1-407\/","token":"4.1\/I\/4\/4.1-407","metadata":false},{"id":78276,"structure_id":13869,"section_number":"4.1-408","catch_line":"Transfer of business","url":"\/4.1-408\/","token":"4.1\/I\/4\/4.1-408","metadata":false},{"id":62136,"structure_id":13869,"section_number":"4.1-409","catch_line":"Remedies","url":"\/4.1-409\/","token":"4.1\/I\/4\/4.1-409","metadata":false},{"id":66145,"structure_id":13869,"section_number":"4.1-410","catch_line":"Board proceedings and appellate review","url":"\/4.1-410\/","token":"4.1\/I\/4\/4.1-410","metadata":false},{"id":85496,"structure_id":13869,"section_number":"4.1-411","catch_line":"Price of product","url":"\/4.1-411\/","token":"4.1\/I\/4\/4.1-411","metadata":false},{"id":63605,"structure_id":13869,"section_number":"4.1-412","catch_line":"Increase of prices","url":"\/4.1-412\/","token":"4.1\/I\/4\/4.1-412","metadata":false},{"id":86203,"structure_id":13869,"section_number":"4.1-413","catch_line":"Retaliatory action prohibited","url":"\/4.1-413\/","token":"4.1\/I\/4\/4.1-413","metadata":false},{"id":86032,"structure_id":13869,"section_number":"4.1-414","catch_line":"Management","url":"\/4.1-414\/","token":"4.1\/I\/4\/4.1-414","metadata":false},{"id":54897,"structure_id":13869,"section_number":"4.1-415","catch_line":"Discrimination prohibited","url":"\/4.1-415\/","token":"4.1\/I\/4\/4.1-415","metadata":false},{"id":80880,"structure_id":13869,"section_number":"4.1-416","catch_line":"Waiver prohibited; conflicts of laws","url":"\/4.1-416\/","token":"4.1\/I\/4\/4.1-416","metadata":false},{"id":78176,"structure_id":13869,"section_number":"4.1-417","catch_line":"Right of free association","url":"\/4.1-417\/","token":"4.1\/I\/4\/4.1-417","metadata":false},{"id":82038,"structure_id":13869,"section_number":"4.1-418","catch_line":"Reasonableness and good faith","url":"\/4.1-418\/","token":"4.1\/I\/4\/4.1-418","metadata":false}],"previous_section":{"id":83781,"structure_id":13869,"section_number":"4.1-400","catch_line":"Construction and purpose","url":"\/4.1-400\/","token":"4.1\/I\/4\/4.1-400","metadata":false},"next_section":{"id":55509,"structure_id":13869,"section_number":"4.1-402","catch_line":"Applicability","url":"\/4.1-402\/","token":"4.1\/I\/4\/4.1-402","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-401\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1985, chapter 542; in 1986, chapter 102; in 1989, chapter 10; in 1991, chapter 628; in 1993, chapter 866; in 1997, chapter 801<\/a>.<\/p>","references":false,"refers_to":[{"id":74830,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","order_by":null,"url":"\/4.1-218\/"},{"id":59612,"section_number":"4.1-405","catch_line":"Sale of winery","order_by":null,"url":"\/4.1-405\/"}],"permalink":{"id":219265,"object_type":"law","relational_id":60540,"identifier":"4.1-401","token":"4.1\/I\/4\/4.1-401","url":"\/4.1-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-401\/","token":"4.1\/I\/4\/4.1-401","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement<\/span>” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a winery<\/span> and wine wholesaler<\/span> pursuant to which the wholesaler has been authorized to distribute one or more of the winery<\/span>’s brands<\/span> of wine. The doing or accomplishment of any of the following acts shall constitute prima facie evidence<\/span> of an agreement<\/span> within the meaning of this definition:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The shipment, preparation for shipment or acceptance of any order<\/span> by a winery<\/span> for any wine to a wine wholesaler<\/span> within the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The payment by a wine wholesaler<\/span> and the acceptance of payment by any winery for the shipment of an order<\/span> of wine intended for sale<\/span> in the Commonwealth.\n\t\t\t“Brand” means any word, name, group of letters, symbol or combination thereof adopted and used by a winery to identify a specific wine product and to distinguish that product from other wine produced or marketed by that winery or other wineries. The use of general corporate logos or symbols or the use of advertising messages, whether appearing on the product packaging or elsewhere, shall not be considered to be a brand, brand extension<\/span>, or part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension<\/span>” and “extension of a brand<\/span>” mean any brand which incorporates all or a substantial part of the unique features of a preexisting brand of the same winery and which relies to a significant extent on the good will associated with such preexisting brand.\n\t\t\t“Dual distributorships<\/span>” means the existence of agreements<\/span> between a single winery and more than one wholesaler, each selling a different brand, in a given territory as the result of a purchase of another winery.\n\t\t\t“Nonsurviving winery<\/span>” means any winery which is purchased by another winery as provided in § 4.1-405<\/a> and, as a result, ceases to exist as an independent legal entity.\n\t\t\t“Person<\/span>” means a natural person<\/span>, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons<\/span> in active control of the activities of each such entity. Person<\/span> also includes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale<\/span> of stock, sale<\/span> of assets<\/span>, merger, lease, transfer or consolidation<\/span>.\n\t\t\t“Surviving winery<\/span>” means the winery which purchases a nonsurviving winery<\/span> as provided in § 4.1-405<\/a>.\n\t\t\t“Territory” or “sales territory<\/span>” means the area of primary sales responsibility within the Commonwealth expressly or implicitly designated by any agreement<\/span> between any wine wholesaler<\/span> and winery for the brand or brands<\/span> of any winery.\n\t\t\t“Wine wholesaler<\/span>” means any wholesale wine licensee<\/span> offering wine for sale<\/span> or resale to retailers or other wine wholesalers<\/span> without regard to whether the business of the person<\/span> is conducted under the terms of an agreement<\/span> with a licensed<\/span> winery.\n\t\t\t“Winery” means every person<\/span>, including any authorized representative of such person<\/span> pursuant to § 4.1-218<\/a>, which enters into an agreement<\/span> with any Virginia wholesale wine licensee<\/span> and (i) is licensed<\/span> as a winery or is licensed<\/span> as a Virginia farm winery<\/span>, (ii) is licensed<\/span> as a wine importer and is not simultaneously licensed<\/span> as a wine wholesaler<\/span>, (iii) manufactures or sells<\/span> any wine products, whether licensed<\/span> in the Commonwealth or not, or (iv) without regard to whether such person<\/span> is licensed<\/span> in the Commonwealth, has title to any wine products, excluding Virginia wholesale licensees<\/span> and retail licensees<\/span>, and has the manufacturer’s authorization to market such products under its own brand or the manufacturer’s brand. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 4.1-401)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement” means a commercial relationship, not required to be\nevidenced in writing, of definite or indefinite duration, between a winery and\nwine wholesaler pursuant to which the wholesaler has been authorized to\ndistribute one or more of the winery’s brands of wine. The doing or\naccomplishment of any of the following acts shall constitute prima facie\nevidence of an agreement within the meaning of this definition:\n\n1. The shipment, preparation for shipment or acceptance of any order by a winery\nfor any wine to a wine wholesaler within the Commonwealth.\n\n2. The payment by a wine wholesaler and the acceptance of payment by any winery\nfor the shipment of an order of wine intended for sale in the Commonwealth.\n\t\t\t“Brand” means any word, name, group of letters, symbol or\ncombination thereof adopted and used by a winery to identify a specific wine\nproduct and to distinguish that product from other wine produced or marketed by\nthat winery or other wineries. The use of general corporate logos or symbols or\nthe use of advertising messages, whether appearing on the product packaging or\nelsewhere, shall not be considered to be a brand, brand extension, or part\nthereof as these terms are used in this chapter.\n\t\t\t“Brand extension” and “extension of a brand” mean any\nbrand which incorporates all or a substantial part of the unique features of a\npreexisting brand of the same winery and which relies to a significant extent on\nthe good will associated with such preexisting brand.\n\t\t\t“Dual distributorships” means the existence of agreements between\na single winery and more than one wholesaler, each selling a different brand, in\na given territory as the result of a purchase of another winery.\n\t\t\t“Nonsurviving winery” means any winery which is purchased by\nanother winery as provided in § 4.1-405 and, as a result, ceases to exist\nas an independent legal entity.\n\t\t\t“Person” means a natural person, corporation, partnership, trust,\nagency or other entity as well as the individual officers, directors or other\npersons in active control of the activities of each such entity. Person also\nincludes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale of stock,\nsale of assets, merger, lease, transfer or consolidation.\n\t\t\t“Surviving winery” means the winery which purchases a\nnonsurviving winery as provided in § 4.1-405.\n\t\t\t“Territory” or “sales territory” means the area of\nprimary sales responsibility within the Commonwealth expressly or implicitly\ndesignated by any agreement between any wine wholesaler and winery for the brand\nor brands of any winery.\n\t\t\t“Wine wholesaler” means any wholesale wine licensee offering wine\nfor sale or resale to retailers or other wine wholesalers without regard to\nwhether the business of the person is conducted under the terms of an agreement\nwith a licensed winery.\n\t\t\t“Winery” means every person, including any authorized\nrepresentative of such person pursuant to § 4.1-218, which enters into an\nagreement with any Virginia wholesale wine licensee and (i) is licensed as a\nwinery or is licensed as a Virginia farm winery, (ii) is licensed as a wine\nimporter and is not simultaneously licensed as a wine wholesaler, (iii)\nmanufactures or sells any wine products, whether licensed in the Commonwealth or\nnot, or (iv) without regard to whether such person is licensed in the\nCommonwealth, has title to any wine products, excluding Virginia wholesale\nlicensees and retail licensees, and has the manufacturer’s authorization\nto market such products under its own brand or the manufacturer’s brand.\n\nHISTORY: Code 1950, \u00a7\u00a7 4-118.21, 4-118.23; 1985, c. 542, \u00a7 4-118.43; 1986, c.\n102; 1989, c. 10; 1991, c. 628; 1993, c. 866; 1997, c. 801.","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}}