senate Bill S6909

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Mar / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 23 / May / 2014
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 23 / May / 2014
    • PRINT NUMBER 6909A
  • 09 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 09 / Jun / 2014
    • PRINT NUMBER 6909B

Summary

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.

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Bill Details

Versions:
S6909
S6909A
S6909B
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง58, 58-c & 3, ABC L

Sponsor Memo

BILL NUMBER:S6909

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
doughnuts. This provision, currently in the law, replicated the sale
of food items listed for wineries and breweries. However, for
cideries, it neglected to itemize a food item that naturally
complements cider and hard cider products, the doughnut, more
specifically the apple cider doughnut. While the sale of doughnuts 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 make homemade ciders to include bottles
and fermentation containers. The making of cider is specialized in
that it can contain significant amounts of carbonization, hence
specialized bottles then to be 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6909

                            I N  S E N A T E

                             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

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;
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14186-02-4

S. 6909                             2

  (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,  DONUTS,  mustards
and crackers;
  (e) cider-making equipment and supplies including, but not limited to,
home  cider-making kits, filters, bottling equipment, BOTTLES, FERMENTA-
TION CONTAINERS, 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:
  (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

S. 6909                             3

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.

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