{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-407.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-407.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-407.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-407.html"}],"law_id":78096,"edition_id":1,"section_id":78096,"structure_id":13869,"section_number":"4.1-407","catch_line":"Notice of intent to terminate","history":"Code 1950, \u00a7 4-118.28; 1985, c. 542, \u00a7 4-118.48; 1989, c. 10; 1993, c. 866; 1997, c. 183.","full_text":"A\n\nExcept as provided in subsection F, a winery shall provide a wholesaler at least ninety days’ prior written notice of any intention to amend, terminate, cancel or not renew any agreement. The notice, a copy of which shall be mailed at the same time to the Board, shall state all the reasons for the intended amendment, termination, cancellation or nonrenewal. After providing such notice, a winery may immediately apply to the Board for a determination that it is likely to incur substantial hardship if required to comply with the ninety-day notice requirement. If the Board makes such a determination, the ninety-day notice requirement shall be reduced to thirty days. In this event, the thirty-day notice period shall be included in the sixty-day opportunity to cure period provided in subsection B.B\n\nWhere the reason relates to a condition which may be rectified by action of the wholesaler, he shall have sixty days in which to take such action and, within the sixty-day period, shall give written notice to the winery if and when such action is taken. A copy of the notice shall be mailed at the same time to the Board. If such condition has been rectified by action of the wholesaler, then the proposed amendment, termination, cancellation or nonrenewal shall be void and without legal effect. However, where the winery contends that action on the part of the wholesaler has not rectified one or more of such conditions, the winery must within fifteen days after the expiration of the sixty-day period request a hearing before the Board to determine if the condition has been rectified by action of the wholesaler.C\n\nWhere the reason relates to a condition which may not be rectified by the wholesaler within the sixty-day period, the wholesaler may request a hearing before the Board to determine if there is good cause for the amendment, termination, cancellation or nonrenewal of the agreement.D\n\nUpon request in writing within the ninety-day period provided in subsection A from such winery or wholesaler for a hearing, the Board shall, after notice and hearing, determine if the action of the wholesaler has rectified the condition or, as the case may be, if good cause exists for the amendment, termination, cancellation or nonrenewal of the agreement.E\n\nIn any proceeding brought pursuant to this section in which the existence of good cause is an issue, the winery shall have the burden of proving the existence of good cause. Where a petition is made to the Board for a determination, the agreement in question shall continue in effect pending the Board’s decision and any judicial review thereof, except in any case in which the Board makes a finding that there is good cause, as defined in § 4.1-406, for the amendment, termination, cancellation, or nonrenewal, in which case the winery may, unless otherwise ordered by a court of record, discontinue the agreement in question. However, where a petition is made to the Board after the agreement has been terminated in accordance with the procedures set forth in this section, the filing of the petition shall not cause the terminated agreement to be reinstated unless the terminated wholesaler’s failure to petition in a timely manner was based upon reasonable reliance on representation or other inducements made by the winery.F\n\nNo notice shall be required and an agreement may be immediately amended, terminated, cancelled or allowed to expire if the reason for the amendment, termination, cancellation or nonrenewal is:1\n\nThe bankruptcy or receivership of the wholesaler;2\n\nAn assignment for the benefit of creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a wholesaler for the purpose of securing financing in the ordinary course of business; or3\n\nRevocation of the wholesaler’s license.","order_by":null,"text":{"0":{"id":279977,"text":"Except as provided in subsection F, a winery shall provide a wholesaler at least ninety days’ prior written notice of any intention to amend, terminate, cancel or not renew any agreement. The notice, a copy of which shall be mailed at the same time to the Board, shall state all the reasons for the intended amendment, termination, cancellation or nonrenewal. After providing such notice, a winery may immediately apply to the Board for a determination that it is likely to incur substantial hardship if required to comply with the ninety-day notice requirement. If the Board makes such a determination, the ninety-day notice requirement shall be reduced to thirty days. In this event, the thirty-day notice period shall be included in the sixty-day opportunity to cure period provided in subsection B.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":279978,"text":"Where the reason relates to a condition which may be rectified by action of the wholesaler, he shall have sixty days in which to take such action and, within the sixty-day period, shall give written notice to the winery if and when such action is taken. A copy of the notice shall be mailed at the same time to the Board. If such condition has been rectified by action of the wholesaler, then the proposed amendment, termination, cancellation or nonrenewal shall be void and without legal effect. However, where the winery contends that action on the part of the wholesaler has not rectified one or more of such conditions, the winery must within fifteen days after the expiration of the sixty-day period request a hearing before the Board to determine if the condition has been rectified by action of the wholesaler.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":279979,"text":"Where the reason relates to a condition which may not be rectified by the wholesaler within the sixty-day period, the wholesaler may request a hearing before the Board to determine if there is good cause for the amendment, termination, cancellation or nonrenewal of the agreement.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":279980,"text":"Upon request in writing within the ninety-day period provided in subsection A from such winery or wholesaler for a hearing, the Board shall, after notice and hearing, determine if the action of the wholesaler has rectified the condition or, as the case may be, if good cause exists for the amendment, termination, cancellation or nonrenewal of the agreement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":279981,"text":"In any proceeding brought pursuant to this section in which the existence of good cause is an issue, the winery shall have the burden of proving the existence of good cause. Where a petition is made to the Board for a determination, the agreement in question shall continue in effect pending the Board’s decision and any judicial review thereof, except in any case in which the Board makes a finding that there is good cause, as defined in § 4.1-406, for the amendment, termination, cancellation, or nonrenewal, in which case the winery may, unless otherwise ordered by a court of record, discontinue the agreement in question. However, where a petition is made to the Board after the agreement has been terminated in accordance with the procedures set forth in this section, the filing of the petition shall not cause the terminated agreement to be reinstated unless the terminated wholesaler’s failure to petition in a timely manner was based upon reasonable reliance on representation or other inducements made by the winery.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":279982,"text":"No notice shall be required and an agreement may be immediately amended, terminated, cancelled or allowed to expire if the reason for the amendment, termination, cancellation or nonrenewal is:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":279983,"text":"The bankruptcy or receivership of the wholesaler;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":279984,"text":"An assignment for the benefit of creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a wholesaler for the purpose of securing financing in the ordinary course of business; or","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":279985,"text":"Revocation of the wholesaler’s license.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-407\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1989, chapter 10; in 1993, chapter 866; in 1997, chapter 183<\/a>.<\/p>","references":[{"id":72000,"section_number":"4.1-406","catch_line":"Cancellation","order_by":null,"url":"\/4.1-406\/"},{"id":62136,"section_number":"4.1-409","catch_line":"Remedies","order_by":null,"url":"\/4.1-409\/"}],"refers_to":[{"id":72000,"section_number":"4.1-406","catch_line":"Cancellation","order_by":null,"url":"\/4.1-406\/"}],"permalink":{"id":219289,"object_type":"law","relational_id":78096,"identifier":"4.1-407","token":"4.1\/I\/4\/4.1-407","url":"\/4.1-407\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-407\/","token":"4.1\/I\/4\/4.1-407","dublin_core":{"Title":"Notice of intent to terminate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-407","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection F, a winery<\/span> shall provide a wholesaler at least ninety days’ prior written notice of any intention to amend<\/span>, terminate, cancel or not renew any agreement<\/span>. The notice, a copy of which shall be mailed at the same time to the Board<\/span>, shall state all the reasons for the intended amendment, termination, cancellation or nonrenewal. After providing such notice, a winery<\/span> may immediately apply to the Board<\/span> for a determination that it is likely to incur substantial hardship if required to comply with the ninety-day notice requirement. If the Board<\/span> makes such a determination, the ninety-day notice requirement shall be reduced to thirty days. In this event, the thirty-day notice period shall be included in the sixty-day opportunity to cure period provided in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the reason relates to a condition which may be rectified by action of the wholesaler, he shall have sixty days in which to take such action and, within the sixty-day period, shall give written notice to the winery<\/span> if and when such action is taken. A copy of the notice shall be mailed at the same time to the Board<\/span>. If such condition has been rectified by action of the wholesaler, then the proposed amendment, termination, cancellation or nonrenewal shall be void and without legal effect. However, where the winery<\/span> contends that action on the part of the wholesaler has not rectified one or more of such conditions, the winery<\/span> must within fifteen days after the expiration of the sixty-day period request a hearing<\/span> before the Board<\/span> to determine if the condition has been rectified by action of the wholesaler. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the reason relates to a condition which may not be rectified by the wholesaler within the sixty-day period, the wholesaler may request a hearing<\/span> before the Board<\/span> to determine if there is good cause for the amendment, termination, cancellation or nonrenewal of the agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon request in writing within the ninety-day period provided in subsection A from such winery<\/span> or wholesaler for a hearing<\/span>, the Board<\/span> shall, after notice and hearing<\/span>, determine if the action of the wholesaler has rectified the condition or, as the case may be, if good cause exists for the amendment, termination, cancellation or nonrenewal of the agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any proceeding brought pursuant to this section in which the existence of good cause is an issue<\/span>, the winery<\/span> shall have the burden of proving the existence of good cause. Where a petition<\/span> is made to the Board<\/span> for a determination, the agreement<\/span> in question shall continue in effect pending the Board<\/span>’s decision and any judicial review thereof, except in any case in which the Board<\/span> makes a finding<\/span> that there is good cause, as defined in § 4.1-406<\/a>, for the amendment, termination, cancellation, or nonrenewal, in which case the winery<\/span> may, unless otherwise ordered by a court<\/span> of record, discontinue the agreement<\/span> in question. However, where a petition<\/span> is made to the Board<\/span> after the agreement<\/span> has been terminated in accordance with the procedures set forth in this section, the filing of the petition<\/span> shall not cause the terminated agreement<\/span> to be reinstated unless the terminated wholesaler’s failure to petition<\/span> in a timely manner was based upon reasonable reliance on representation or other inducements made by the winery<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No notice shall be required and an agreement<\/span> may be immediately amended, terminated, cancelled or allowed to expire if the reason for the amendment, termination, cancellation or nonrenewal is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The bankruptcy<\/span> or receivership of the wholesaler; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An assignment for the benefit of creditors<\/span> or similar disposition<\/span> of the assets<\/span> of the business, other than the creation of a security interest in the assets<\/span> of a wholesaler for the purpose of securing financing in the ordinary course of business; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Revocation<\/span> of the wholesaler’s license. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF INTENT TO TERMINATE (\u00a7 4.1-407)\n\nA. Except as provided in subsection F, a winery shall provide a wholesaler at\nleast ninety days’ prior written notice of any intention to amend,\nterminate, cancel or not renew any agreement. The notice, a copy of which shall\nbe mailed at the same time to the Board, shall state all the reasons for the\nintended amendment, termination, cancellation or nonrenewal. After providing\nsuch notice, a winery may immediately apply to the Board for a determination\nthat it is likely to incur substantial hardship if required to comply with the\nninety-day notice requirement. If the Board makes such a determination, the\nninety-day notice requirement shall be reduced to thirty days. In this event,\nthe thirty-day notice period shall be included in the sixty-day opportunity to\ncure period provided in subsection B.\n\nB. Where the reason relates to a condition which may be rectified by action of\nthe wholesaler, he shall have sixty days in which to take such action and,\nwithin the sixty-day period, shall give written notice to the winery if and when\nsuch action is taken. A copy of the notice shall be mailed at the same time to\nthe Board. If such condition has been rectified by action of the wholesaler,\nthen the proposed amendment, termination, cancellation or nonrenewal shall be\nvoid and without legal effect. However, where the winery contends that action on\nthe part of the wholesaler has not rectified one or more of such conditions, the\nwinery must within fifteen days after the expiration of the sixty-day period\nrequest a hearing before the Board to determine if the condition has been\nrectified by action of the wholesaler.\n\nC. Where the reason relates to a condition which may not be rectified by the\nwholesaler within the sixty-day period, the wholesaler may request a hearing\nbefore the Board to determine if there is good cause for the amendment,\ntermination, cancellation or nonrenewal of the agreement.\n\nD. Upon request in writing within the ninety-day period provided in subsection A\nfrom such winery or wholesaler for a hearing, the Board shall, after notice and\nhearing, determine if the action of the wholesaler has rectified the condition\nor, as the case may be, if good cause exists for the amendment, termination,\ncancellation or nonrenewal of the agreement.\n\nE. In any proceeding brought pursuant to this section in which the existence of\ngood cause is an issue, the winery shall have the burden of proving the\nexistence of good cause. Where a petition is made to the Board for a\ndetermination, the agreement in question shall continue in effect pending the\nBoard’s decision and any judicial review thereof, except in any case in\nwhich the Board makes a finding that there is good cause, as defined in §\n4.1-406, for the amendment, termination, cancellation, or nonrenewal, in which\ncase the winery may, unless otherwise ordered by a court of record, discontinue\nthe agreement in question. However, where a petition is made to the Board after\nthe agreement has been terminated in accordance with the procedures set forth in\nthis section, the filing of the petition shall not cause the terminated\nagreement to be reinstated unless the terminated wholesaler’s failure to\npetition in a timely manner was based upon reasonable reliance on representation\nor other inducements made by the winery.\n\nF. No notice shall be required and an agreement may be immediately amended,\nterminated, cancelled or allowed to expire if the reason for the amendment,\ntermination, cancellation or nonrenewal is:\n\n 1. The bankruptcy or receivership of the wholesaler;\n\n 2. An assignment for the benefit of creditors or similar disposition of the\n assets of the business, other than the creation of a security interest in the\n assets of a wholesaler for the purpose of securing financing in the ordinary\n course of business; or\n\n 3. Revocation of the wholesaler’s license.\n\nHISTORY: Code 1950, \u00a7 4-118.28; 1985, c. 542, \u00a7 4-118.48; 1989, c. 10; 1993,\nc. 866; 1997, c. 183.","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}}