Organic Wine:
Understanding the U.S. Labeling Controversy and Toasting to Future Growth

By Kat Schuett


As if selecting the perfect wine to pair with dinner or figuring out the right way to hold a wine glass was not enough of a challenge, today’s wine connoisseurs also have to weigh the pros and cons of added sulfites. For over 500 years, sulfites have been used in winemaking to arrest fermentation at a desired time and prevent oxidation and microbial growth as wines age. Today they are such an integral part of winemaking that many say it’s impossible to make a fine wine—especially one that needs to mature over years—without added sulfites. Others insist that sulfites are unnecessary and blame the additive for side effects such as asthmatic reactions and post-wine headaches.

The quandary becomes even more complicated when it comes to determining how sulfites fit into the National Organic Program (NOP) regulation. As the NOP rule stands, only wines without added sulfites can bear the USDA Organic seal. Other wines are allowed to contain a minimal amount of added sulfites (.01 percent), but then must be labeled as “Made with Organic Grapes,” even if organic grapes make up 99.99 percent of the end product. Some are seeking to change this, however. Currently, a petition is circulating that asks the National Organic Standards Board (NOSB) to reconsider the issue and allow wines made with organic grapes that contain added sulfites to be able to include the USDA Organic seal on their labels as well. The issue was also raised by several winemakers during the public comment session at the last NOSB meeting held in April.

Both winemakers who add sulfites and those who don’t offer valid arguments—and certainly some great wines. Beyond the sulfite issue, though, everyone shares the goal of increasing organic acreage and reducing the use of pesticides—and that’s something we can all lift our glasses to toast.

Sulfites and the U.S Organic Marketplace
In the ’80s, the decade leading up to the Organic Foods Production Act (OFPA), there was no shortage of controversy surrounding sulfites. During that time, many salad bars routinely sprayed their produce with sulfur dioxide, which made some people sick and even triggered a few fatal asthmatic reactions. Because of this, in 1987 the FDA issued regulations requiring foods and beverages containing sulfites in excess of 10 parts per million (ppm) to include the statement “contains sulfites” on their labels. Although the FDA estimates that only 1 percent of the population is sensitive to sulfites, there were many who opposed the use of the additive, and when OFPA was passed in 1990 sulfites were prohibited as an ingredient in organic products.

Years later in 1998, when the NOP regulations were being drafted, the NOSB heard public comment from many winemakers, who pleaded for the ability to use at least a minimal amount of sulfites. As a compromise, the NOSB recommended that sulfites be added to the Allowed Synthetics list, with the annotation, “for use only in wine labeled ‘made with organic grapes,’ provided that total sulfite levels do not exceed 100 ppm.”

However, when the NOP went to publish the proposed regulations in March 2000, it sidelined the NOSB’s recommendation on sulfites because OFPA did not allow sulfites in any amount. When winemakers heard this, they went to D.C. to petition California Senator Barbara Boxer to amend the law. “Sulfites are essential to making a quality wine. If sulfites were not allowed in organic at all, the market for organic wine grapes would be almost non-existent,” says one of the petitioners, Paul Dolan, who not only has his own line of “made with organic grapes” wines, but also was the creator of Fetzer’s popular Bonterra “made with organic grapes” wines.

Hearing the winemakers’ plea, in October 2000, Congress passed the Boxer-
McConnell Amendment to OFPA, allowing sulfites in winemaking. Two months later, the NOSB recommendation from 1998 was adopted into the NOP rule, allowing wine to contain added sulfites if labeled “made with organic grapes.”

Dolan points out that the importance of the decision in regard to the growth of the organic market is apparent when you consider that today there are only 15 no-sulfite-added (NSA) organic wine brands in the U.S., while there are over 60 sulfites-added brands that are made with organic grapes, and hundreds more sulfites-added “made from organic grapes” wines are produced internationally and imported into the U.S.

Organic Wine Labeling: A Decade Later
Winemakers are currently petitioning to change the NOP Final Rule, stating that the original intent of the Boxer-McConnell Amendment did not restrict wines with added sulfites to the “made with” category and that the current labeling rule for organic wine impedes the growth of the industry and causes consumer confusion. So far, more than 100 winemakers, importers, distributors, retailers and other supporters have signed on to back the effort.
One reason consumers are confused is because the rules for organic wines are “sharply different” from the “USDA Organic” and “made with organic” labeling laws applied to all other organic products, says Paolo Bonetti, president of Organic Vintners, organic wine importer and one of the companies leading the effort to petition the NOSB.

“Although all these wines have been made with 100 percent organic grapes, every other ‘made with organic’ product can have up to 30 percent nonorganic ingredients, so what is there to stop consumers from thinking that wine that is ‘made with organic grapes’ is any different?” he asks.

To investigate this, Organic Vintners asked the University of Colorado to conduct a market analysis in 2009. The study found that only one-third of those surveyed thought that wine labeled “made with organic grapes” contained 100 percent organic grapes. “If winemakers use 100 percent organic grapes and the wine is 99.9 percent organic, they should be able to benefit from the more valuable ‘organic’ claim that all other organic products with a minimum of 95 percent organic ingredients use,” Bonetti asserts.

In June 2009, in an attempt to clarify the wine labeling issue, the NOP and the U.S. Tax and Trade Bureau (TTB), which controls alcoholic beverage labeling, sent out two notices—and ended up confusing the matter more, says Bonetti. One notice said that if a wine contains any nonorganic grapes, its label must state “made with organic and nonorganic grapes.” This allows wines to contain 70 percent grapes of a organic variety and 30 percent grapes of a different nonorganic variety, Bonetti points out. The second memo shows an image of a “made with organic grapes” label claiming that such wine must have at least 70 percent organic ingredients. This falls in line with NOP rules for “made with” products but offers no incentive for winemakers to use 100 percent organic grapes.

“When it comes down to it, we simply want to call our wine what it is: ‘Organic wine with added sulfites,’” says Bonetti. “There will always be consumers who look for no-sulfites claims, but for the majority who don’t mind sulfites and want an organic wine with consistent quality, it makes sense to allow sulfite-added wines be able to use the seal and just call them ‘organic.’”

The International Market. The petition also points out that in Canada’s new regulation, wines with added sulfites are allowed to be labeled “organic.” Across the pond, however, the EU recently withdrew a draft proposal that would have allowed wines labeled “organic” to contain sulfites, as well as other additives. The EU commissioner for agriculture said he felt that this rule change would “send the wrong signal to consumers.” Future drafts on the subject will be considered.

Arguments Against the Petition. Those opposed to allowing sulfites in wine labeled “organic” also feel that such a move could hurt the overall integrity of organic and weaken consumer confidence. “Such a change could make consumers feel like the standards are being watered down,” says Jon Frey of Frey Vineyards, America’s first organic, NSA winemaker.

“Why would you want to allow something with the USDA Organic seal to contain anything that is a synthetic and can make people sick or even die—and something that is not even an edible food?” he adds. “Sulfites are the only ingredient like this allowed in the organic regulation. Plus, if they allow sulfites in wine, what else will they start to allow sulfites in?”

The Role of Sulfites
So why do some feel that sulfites are so essential? Most will point out that up to 20 ppm of sulfites are naturally created in wine as a by-product of fermentation. However, this is not enough to protect a wine as it matures and as oxygen seeps in, so additional sulfites can be made by burning sulfur dioxide and creating a salt, which is then added during winemaking. While sulfites are classified as synthetic in the organic regulations, many winemakers feel that adding sulfites is like adding more of the wine’s own natural preservative, albeit in a man-made form.

Many winemakers feel that NSA wine is generally too unstable and thus unpredictable. “Without the sulfites to protect against oxidation, non-sulfite wines can degrade pretty fast. By the time it reaches the consumer’s table, there is a chance that it could taste more like vinegar than wine,” said Chris Pisani of ZD Wines, one of the winemakers who presented their case in front of the NOSB in April. “In less than six months, white wine can go from a nice white color with bright, fresh peach aromas, to more of a yellow color with a more ‘candied’ flavor and an aroma that is closer to dried apricots.”

Concerns such as those Pisani expressed are only compounded when wine is exported and sits on loading docks in the heat. Sulfites act as an insurance policy; some wines may make it through just fine without added sulfites, but if oxygen does get in, then the sulfites are there to keep the oxygen from destroying the wine. This ensures that the product has a consistent quality, which keeps consumers coming back for more, Pisani says.

Organic Vintners distributes more than 50 wines “made with organic grapes” from around the world, including five of its own private-label wines, and Bonetti says, “I’ve tasted a lot of wines and have to admit there are some truly great NSA wines out there—but the consistency is just not there yet and until that is figured out, added sulfites are essential to building consumer confidence in organic wines.”

The Case for NSA Wines
The Frey family has been making certified organic wines without added sulfites since 1982. While they will admit it’s more challenging, their product is proof that it’s entirely possible to create great wine—award-winning wines, no less—without added sulfites. Frey has doubled in size in the past seven years, and between 1992 and 2009, the company won close to 200 gold, silver and bronze medals at wine competitions around the U.S. All of the winery’s reds can be categorized as “No Sulfites Detected,” or 0 ppm. Its whites range from 0 to 6 ppm.

“Making wine without added sulfites is nothing new,” says Paul Frey, president, winemaker and one of the 12 family members who run the vineyard. “If you look back through history, people were making wine for nearly 10,000 years before they started using sulfites, so the real question is, why aren’t more people making it the traditional way?”

So what’s the secret to making a great NSA wine? Frey credits the vineyard’s success to “a renaissance of the best of traditional methods, combined with modern technology.” Traditional organic farming methods create a strong foundation for NSA wines, according to Frey. “Organic grapes have a richer phytochemistry that helps naturally protect the wine without any additives,” he says, pointing to a 2003 UC Davis study, which found that organic fruit contains up to 58 percent more polyphenols and 52 percent more vitamin C than chemically farmed fruit.

Other keys to making NSA wine, Frey says, are controlling oxygen exposure and maintaining a sterile environment, which is where modern technology comes in. Modern wine-filling machines have almost zero oxygen pickup, and leak-proof wine corks prevent oxygen from seeping in over time. Sterile filtration, bioluminescent lights and steam sterilization ensure a microbe-free environment. “We don’t have any magic bullets like sulfites to fix things,” Frey remarks. “It’s just about paying very close attention to the details.” Some of these details include making sure the wine stays cool and keeping a close eye on the dissolved oxygen in the wines. “If there is not enough air, the wine will have a reduced character,” explains Frey.

When it comes to aging, Frey has had 12-year-old red wines made from heavier grapes like Bordeaux that have matured perfectly. He does point out, however, that while most whites have a 2 to 5 year window, their vineyard tells its customers to drink its whites within 2 to 3 years. “We sell a lot of fruit-forward wines that are meant to be drunk young anyway, so it works out just fine.”

As for consistency, Phil LaRocca from La Rocca Vineyards, another NSA organic winemaker, says that at first he would tell customers, “Try this and if it doesn’t taste right, bring it back and I’ll exchange it.” But now, after almost 20 years of perfecting his technique, he hardly ever has a return, even on bottles that are shipped around the world. His wines have won numerous awards and his sparkling wine was Martha Stewart’s choice for ringing in the New Year in 2009.

Another sign of how far NSA wines have come is that European wineries are starting to export NSA wines into the U.S. with success. Organic Merchants recently began distributing the first Spanish and Italian NSA organic wines from Spartico and La Cantina Pizzolato vineyards, respectively.

Non-Sulfite Alternatives
Despite the success that several NSA wines have had, the fact is that without some kind of preservative, wine is still an extremely fragile commodity. Thus, the use of sulfites will most likely remain important to the majority of winemakers—at least until another alternative is developed.

Currently, UC Davis is offering a $1 million prize to anyone who can develop an all-natural replacement for sulfites. The SULPHREE research project in Europe, started in 2007, is also looking for alternatives to sulfites using natural plant compounds. Other methods have also been experimented with, such as using a CO2 flush, to prevent oxidation, but oxygen has always managed to get in. Clearly, there is still a tremendous need for further research.

In the meantime, do some experiments of your own and compare a variety of wines that are “made with organic grapes” and NSA, organic certified wines. In the end, you’ll be supporting organic agriculture either way and you’ll get some practice perfecting your wine pairing skills and glass holding techniques.

Kat Schuett is the editorial director of Organic Processing Magazine. You can reach her at kat@organicprocessing.com.