Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to promoting economic development by expanding products sold by farm cideries and authorizing such cideries to sell cider to other licensees
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to promote the agricultural economy of New York State by expanding, to a limited extent, the licensees and parties that a farm cidery may sell its products to and the products manufactured by other farm cideries and those manufactures that produce New York State labeled cider.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends ABC Law section 58 (3-a) that relates to the powers of a cider producer that makes New York State labeled cider and, under this bill, may sell such cider to any distillery, winery or brewery, regardless if it is a farm licensee or commercial manufacturer. New York State labeled cider is cider that is made exclusively from New York grown apples or pome fruits. This provision will expand the outlets of sale for New York State labeled cider to include other commercial distilleries, wineries, breweries and cideries, which should help to increase the demand for New York grown fruit crops.
Section 2: Amends ABC Law section 58-c (2) which relates to the powers of New York farm cideries (which make all of their products from New York fruit). Under the provision of this bill, a farm cidery (to provide symmetry in the ABC Law) would be able to sell its New York products grown from New York fruit to all licensed distillers, wineries, breweries and cideries. In addition, such farm cidery could conduct tastings and sell other New York State labeled cider on their premises.
Section 3: Amends ABC Law section 58-c (5) to allow a farm cidery to sell, in addition to its own products, and those produced by other farm cideries, to sell any other New York State labeled cider. This provision relates to the sale of such New York labeled cider at retail in bulk by keg, cask or barrel for consumption, and not resale, at a clam-bake, picnic or other outdoor gathering.
Section 4: Amends ABC Law section 58-c (7)to allow farm cideries to sell in addition to food items such as cheeses, fruits, chocolates, and mustards in complementing cider tastings to include the sale of baked goods such as doughnuts and other pastries. The current provision, currently in the law, replicated the sale of food items listed for wineries and breweries. However, for cideries, it neglected to itemize food items that naturally complement cider and hard cider products, i.e. baked goods such as pastries and doughnuts, more specifically the apple cider doughnut. While the sale of baked goods may not complement the sale and tasting of wines or beer, it does so for cider and cider products.
In addition, it expands the kinds of items that a farm cidery can sell to home cider makers who wish to make homemade cider to include all of the kinds of items that farm wineries are now authorized to sell to make wine. These items, in current law for farm wineries includes, the
fruit to make such beverage, presses, pumps, yeasts, storage containers, bottles and fermentation containers. The making of cider is specialized in that it can contain significant amounts of carbonization (pressure), hence specialized bottles are needed and used both for commercial and home manufacture of cider.
Section 5: Amends ABC Law section 58-c (13) so that a farm cidery license may be obtained and used on the same premises as a commercial distillery, winery, brewery, or cidery. Since a farm cidery can only use New York grown apples and other pome fruits, the current law should be revised so that there are more locations upon which such establishments can be licensed.
Section 6: Amends Alcoholic Beverage Control Law (ABC) section (3) to alter the definition of cider to include those necessary additions due to defects in "saccharine" levels to be defects in "sugar" levels. Saccharine is an artificial sweetener that is not found naturally in apples or other pome fruits, while sugar is naturally found in such fruits. This is a technical change to revise the definition of cider to reflect the true nature of the natural sugars that occur in apples and pome fruits.
JUSTIFICATION: Chapter 384 of the Laws of 2013 established a new class of licenses for a new alcoholic producer called a "farm cidery". This bill is a natural progression that has been occurring in the ABC Law since the establishment of farm wineries in 1976, to establish a specific alcoholic beverage license to manufacture a regulated alcoholic beverage, in this case cider made from fruits grown in New York and produced on a farm. Cider, unlike wine, beer or distilled spirits tends to have a lower alcoholic content and is made exclusively from apples and other pome fruits.
Since, the establishment of farm wineries in 1976, the State Legislature has established farm distilleries and farm breweries. It is a natural progression to establish farm cideries. However, unlike farm distilleries, farm wineries, and farm breweries, which can readily sell their products to other commercial distilleries, wineries, and breweries, the sale of ciders produced by licensed farm cideries was more limited. Under the Laws of 384, farm cideries were give more limited abilities to sell their products, mostly to other farm cideries, farm distilleries, farm wineries, or farm breweries.
This bill provides better symmetry in the ABC law as it relates to the sale of such products made by a farm cidery (which is made exclusively from New York apples or pome fruits) or any cider that is made exclusively with New York apples or pome fruits (New York Labeled ciders). Ultimately, expanding the range of other licensed entities that can purchase farm cidery products will increase the demand for New York produced apples and pome fruits.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6909--A IN SENATE March 27, 2014 ___________Introduced by Sens. VALESKY, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the alcoholic beverage control law, in relation to promoting economic development by expanding products sold by farm cideries and authorizing such cideries to sell cider to other licen- sees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3-a of section 58 of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: (a) sell such cider to licensed farm distillers, DISTILLERS, farm wineries, WINERIES, farm cideries
[and], CIDERIES, farm breweries AND BREWERIES. All such cider sold by the licensee shall be securely sealed and have attached thereto a label as shall be required by section one hundred seven-a of this chapter; S 2. Paragraphs (c), (d), (e), (f) and (g) of subdivision 2 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, are amended to read as follows: (c) sell cider manufactured by the licensee to wholesalers and retail- ers licensed in this state to sell such cider, TO licensed farm distil- lers, LICENSED DISTILLERS, licensed farm wineries, LICENSED WINERIES, licensed farm breweries, LICENSED BREWERIES and any other licensed farm cidery OR LICENSED CIDERY. All such cider sold by the licensee shall be securely sealed and have attached thereto a label as shall be required by section one hundred seven-a of this chapter; (d) sell at the licensed premises cider manufactured by the licensee or any other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER at retail for consumption on or off the licensed premises;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14186-04-4 S. 6909--A 2
(e) conduct tastings at the licensed premises of cider manufactured by the licensee or any other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER; (f) sell and conduct tastings of cider manufactured by the licensee or any other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER at retail for consumption on the premises of a restaurant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to its farm cidery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursu- ant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell cider at retail for consumption on the premises; (g) sell cider manufactured by the licensee or any other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER at retail for consumption off the premises, at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis; S 3. Subdivision 5 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: 5. A licensed farm cidery may, under such rules as may be adopted by the authority, sell cider manufactured by the licensee or any other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER at retail in bulk by the keg, cask or barrel for consumption and not for resale at a clam-bake, barbeque, picnic, outing or other similar outdoor gathering at which more than fifty persons are assembled. S 4. Paragraphs (b) and (e) of subdivision 7 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, are amended to read as follows: (b) food items for the purpose of complementing cider tastings, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking. Such food items shall include but not be limited to: cheeses, fruits, vegetables, chocolates, breads, BAKED GOODS, mustards and crackers; (e) cider-making equipment and supplies including, but not limited to, APPLES, APPLE JUICE, OTHER POME FRUITS, OTHER POME FRUIT JUICES, home cider-making kits, PRESSES, PUMPS, filters, YEASTS, CHEMICALS AND OTHER CIDER ADDITIVES, bottling equipment, BOTTLES, CIDER STORAGE AND FERMENT- ING VESSELS, BARRELS, and books or other written material to assist cider-makers and home cider-makers to produce and bottle cider; S 5. Subdivision 13 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: 13. Notwithstanding any other provision of this chapter, the authority may issue a farm cidery license to the holder of a farm brewery, BREW- ERY, farm winery
[or], WINERY, farm distiller's OR DISTILLER'S license for use at such licensee's existing licensed premises. The holder of a farm brewery, BREWERY, farm winery [or], WINERY, farm distiller's OR DISTILLER'S license that simultaneously holds a farm cidery license on an adjacent premises may share and use the same tasting room facilities to conduct any tastings that such licensee is otherwise authorized to conduct. S 6. Paragraph (a) of subdivision 7-b of section 3 of the alcoholic beverage control law, as amended by chapter 384 of the laws of 2013, is amended to read as follows:S. 6909--A 3
(a) "Cider" means the partially or fully fermented juice of fresh, whole apples or other pome fruits, containing more than three and two- tenths per centum but not more than eight and one-half per centum alco- hol by volume: (i) to which nothing has been added to increase the alco- holic content produced by natural fermentation; and (ii) with the usual cellar treatments and necessary additions to correct defects due to climate,
[saccharine]SUGAR levels and seasonal conditions. Nothing contained in this subdivision shall be deemed to preclude the use of such methods or materials as may be necessary to encourage a normal alcoholic fermentation and to make a product that is free of microbi- ological activity at the time of sale. Cider may be sweetened or flavored after fermentation with fruit juice, fruit juice concentrate, sugar, maple syrup, honey, spices or other agricultural products, sepa- rately or in combination. Cider may contain retained or added carbon dioxide. S 7. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.