2006 Louisiana Laws - RS 26:324 — Production and sale of native wine authorized; qualifying period

§324.  Production and sale of native wine authorized; qualifying period

A.(1)  It shall be lawful to produce native wine in the state of Louisiana, including the production of nonalcoholic native wines and juices to be used for sacramental purposes, and to sell such native wine inside or outside of this state.  The commissioner shall adopt and promulgate rules and regulations to permit a producer to import bulk, concentrated, and fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon.  

(2)  Upon a showing to the commissioner by any person that grapes, fruits, berries, or vegetables are not available in Louisiana in sufficient quantities required for the production of native wines, the commissioner shall establish for that person a qualification period of four years, which shall begin to run upon the issuance of a permit as required by R.S. 26:325.  The commissioner shall issue the permit only after a showing that the person has planted or will plant within six months a sufficient amount of grapes, fruits, berries, or vegetables to meet the content requirement of fifty-one percent for native wines within the qualification period.  A person engaged in the production of wines during the qualification period:

(a)  May operate as a producer of native wines even though the bulk of the raw grapes, fruits, berries, or vegetables used in producing such wines are obtained outside of this state.  

(b)  Shall obtain and pay for a producer's permit as provided by R.S. 26:325 and shall provide the bond required by R.S. 26:348 for native wine producers prior to beginning production.  Failure to qualify within the qualification period shall result in forfeiture of the bond.  

(c)  Shall pay the excise taxes imposed upon still wines rather than that imposed on native wines during such period, as provided in R.S. 26:341.  

B.  During the qualification period, every person shall use only the raw grapes, fruits, berries, or vegetables obtained inside or outside of the state to produce native wines; however, for purposes of blending, bulk, concentrated, or fortified wines which constitute no more than forty-nine percent of the native wine may be used.  Any person who violates the provisions of this Subsection shall lose his permit to produce native wine during the qualification period, and shall not be eligible to be issued or to receive a regular native wine permit.  

Acts 1990, No. 736, §1.