Comment Joseph, Eileen Z.

December 10, 2007 Dear Sir or Madam, I have been in the news business for more than 36 years and have covered government, the law, and regulations in every area pertaining to business, employment, tax, and others. I am intimately familiar with the regulatory process. It is my opinion that the proposed solution issuing an AVA for Calistoga that excludes Calistoga Estates from the grandfathered provision for labeling is arbitrary and capricious. As a director-owner of the Calistoga Estates business, I have participated in this small business? effort to compete in a crowded marketplace. We have spent considerable sums of money and taken personal financial risks to further the recognition of our brand. What public policy purpose can be served by permitting one entity, Calistoga Cellars, to keep its label by simply adding new disclaimers, and not allowing Calistoga Estates to do the same is illogical given the history of our approvals from the government to use the label two years ago. It suggests a bias that is, once again, arbitrary and capricious. The Alcohol Tax and Trade Bureau has proposed an action that will take away business opportunity that we have grown and supported, the label (brand) being property that will be taken away. We believe no public good will be served by this taking, which is what the Constitutional authority for such an expropriation requires; and that excluding Calistoga Estates, singly, from what has been proposed as a fair solution for Calistoga Cellars to allow them to continue to do business with their label, is a biased ruling that is actionable. We have always agreed to put the appropriate description of the source of grapes in our wines on the bottles, and, in fact, our Web site already describes in detail that they are Napa grapes. If ATTB had this proposal pending when Calistoga Estates applied for approval for its label in 2005, it should have raised the issue then. Having approved the label, and having endorsed the plan to add label disclaimers for the only other vintner affected by the proposed rule, it seems quite random to bring the sub AVA issue crashing down on our small business. Our Managing Director, Marvin Stirman, has met and corresponded with you in good faith efforts to resolve this matter without legal action. We truly hope that these sincere negotiations will remain harmonious. Sincerely Yours, Eileen Joseph Eileen Z. Joseph 7205 Loch Edin Court Potomac Maryland 20854 301-469-7546 ezj@comcast.net