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

                                  2303

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture

AN ACT to amend the agriculture and markets law and the alcoholic bever-
  age control law, in relation to providing that food processing  estab-
  lishments shall include the operation of home wine makers centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 4 of section 251-z-2 of the  agriculture
and  markets law, subdivision 3 as amended by chapter 507 of the laws of
1973 and subdivision 4 as added by chapter 863 of the laws of 1972,  are
amended and a new subdivision 5 is added to read as follows:
  3.  The  term  "food  processing  establishment" means any place which
receives food or food products for the purpose of processing  or  other-
wise  adding  to the value of the product for commercial sale, AND THOSE
PLACES LICENSED AS HOME WINE MAKERS CENTERS THAT PRODUCE WINE  FOR  HOME
CONSUMPTION AND NOT FOR COMMERCIAL SALE.  It includes, but is not limit-
ed to, bakeries, processing plants, beverage plants [and], food manufac-
tories,  AND  HOME  WINE  MAKERS  CENTERS.    However, the term does not
include: those establishments that process and manufacture food or  food
products  that  are  sold  exclusively  at retail for consumption on the
premises; those operations which cut meat and sell such meat  at  retail
on  the premises; bottled and bulk water facilities; those food process-
ing establishments which are covered by articles four,  four-a,  five-a,
five-b,  five-c,  five-d, seventeen-b, nineteen[, twenty-b,] and twenty-
one of this chapter;  service  food  establishments,  including  vending
machine commissaries, under permit and inspection by the [state] depart-
ment  of  health  or  by a local health agency which maintains a program
certified and approved by the [state] commissioner of health; establish-
ments under federal meat, poultry or egg product inspection;  or  estab-
lishments  engaged solely in the harvesting, storage, or distribution of
one or more raw agricultural commodities which are  ordinarily  cleaned,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03160-01-9
              

A. 2303                             2

prepared,  treated  or  otherwise processed before being marketed to the
consuming public.
  4. The term "processing" means processing foods in any manner, such as
by  manufacturing,  canning,  preserving, freezing, drying, dehydrating,
juicing, pickling, baking, brining, bottling, packing, repacking, press-
ing, waxing, heating or cooking, or otherwise treating food  in  such  a
way  as  to  create  a risk that it may become adulterated if improperly
handled, OR THE FERMENTATION OF FRUIT, AS DEFINED IN SUBDIVISION NINE OF
SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF THIS ARTICLE INTO WINE,  FOR
HOME CONSUMPTION, UPON THE PREMISES OF A HOME WINE MAKERS CENTER.
  5.  THE  TERM "WINE MAKERS CENTER" MEANS ANY PLACE WHERE AN INDIVIDUAL
PAYS A FEE TO USE SPACE AND EQUIPMENT FOR THE PURPOSE OF MAKING WINE FOR
PERSONAL HOUSEHOLD USE AND NOT FOR RESALE.
  S 2. Section 251-z-13 of the agriculture and markets  law,  as  renum-
bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
and a new section 251-z-13 is added to read as follows:
  S  251-Z-13.  HOME  WINE  MAKERS  CENTERS.  1.  THE PROVISIONS OF THIS
SECTION SHALL APPLY TO HOME WINE MAKERS CENTERS IN ADDITION TO ANY OTHER
PROVISION OF THIS ARTICLE.  THE OPERATION OF HOME  WINE  MAKERS  CENTERS
SHALL  BE  SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND THE SUPERVISION
OF THE DEPARTMENT.  PROVIDED, HOWEVER, THAT THE DEPARTMENT  MAY  CONSULT
WITH  THE  STATE  LIQUOR AUTHORITY BEFORE ISSUING SUCH LICENSE TO ENSURE
COMPLIANCE WITH THE ALCOHOLIC BEVERAGE CONTROL LAW.
  SUCH OPERATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE ALCOHOLIC
BEVERAGE CONTROL LAW OR THE JURISDICTION OF THE STATE LIQUOR  AUTHORITY,
UNLESS SPECIFICALLY PROVIDED IN THIS ARTICLE.
  2. EVERY HOME WINE MAKERS CENTER SHALL BE LICENSED BY THE COMMISSIONER
TO  PROVIDE,  FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE FACILITIES FOR
THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT
FOR RESALE IN ACCORDANCE WITH FEDERAL LAW, RULES AND REGULATIONS AUTHOR-
IZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR FAMILY USE.
  3. EVERY PERSON ENGAGING IN THE PRODUCTION OF  WINE  AT  A  HOME  WINE
MAKERS CENTER:
  (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER;
  (B)  SHALL BE LIMITED TO PRODUCING NOT MORE THAN FIFTY GALLONS OF WINE
DURING ANY CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR  MORE  OTHER
PERSONS  WHO  ARE TWENTY-ONE YEARS OF AGE RESIDING IN THE SAME HOUSEHOLD
AS SUCH PERSON, AND ALL OTHER SUCH PERSONS IN  THE  SAME  HOUSEHOLD  MAY
PRODUCE  AN  AGGREGATE  OF NOT MORE THAN ONE HUNDRED GALLONS OF WINE FOR
THE HOUSEHOLD DURING ANY CALENDAR YEAR;
  (C) MAY REMOVE THE WINE HE OR SHE PRODUCES AT  THE  HOME  WINE  MAKERS
CENTER  FOR  THE  PURPOSE  OF PERSONAL USE, INCLUDING USE IN CONTESTS OR
TASTINGS;
  (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE;
  (E) SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH  CALENDAR
YEAR;
  (F)  MAY  JOINTLY  PRODUCE  WINE  WITH PERSONS RESIDING IN A DIFFERENT
HOUSEHOLD OR HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE  IS  WITHIN
THE  QUANTITY  LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES AND REGU-
LATIONS;
  (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE;
  (H) SHALL USE FRUIT GROWN OR PRODUCED IN THE  STATE  OF  NEW  YORK  TO
PRODUCE THE WINE;
  (I)  SHALL  ADD  YEAST  AND/OR OTHER INGREDIENTS TO THE GRAPE OR OTHER
FRUIT JUICE OR WINE;
  (J) SHALL CAUSE THE FRUIT TO FERMENT;

A. 2303                             3

  (K) SHALL RACK, FILTER AND BOTTLE THE WINE;
  (L)  SHALL  NOT  ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM THE HOME WINE
MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND
  (M) SHALL READ AND SIGN A STATEMENT THAT HE  OR  SHE  UNDERSTANDS  AND
AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  4.  NO  HOME  WINE  MAKERS  CENTER, NOR ANY EMPLOYEE OR AGENT THEREOF,
SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS:
  (A) THE FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES  AND  EQUIP-
MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES;
  (B)  THE  PROVISION  OF  ADVICE AND TECHNICAL SERVICES TO CUSTOMERS AS
PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS;
  (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS;
  (D) THE PROVISION, MAINTENANCE, CLEANING AND  REPAIR  OF  WINE  MAKING
EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER
EQUIPMENT;
  (E)  THE  PROVISION, RENTAL OR SALE OF STORAGE VESSELS, INCLUDING, BUT
NOT LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE  CONTAIN-
ERS FOR WINE FERMENTATION AND STORAGE;
  (F)  THE  PROVISION  OF A CLIMATE AND TEMPERATURE CONTROLLED SPACE FOR
WINE FERMENTATION AND STORAGE;
  (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND
  (H) THE PROVISION OF QUALITY  CONTROL  SERVICES,  SUCH  AS  LABORATORY
ANALYSIS  AND  TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN THE PRES-
ENCE OF THE HOME WINE MAKER.
  5. NO HOME WINE MAKERS CENTER  SHALL  ALLOW,  MAINTAIN  OR  STORE  ANY
CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS.
  6.    THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR HOUSEHOLDS MAKING
WINE AT A HOME WINE MAKERS CENTER SHALL NOT EXCEED TEN THOUSAND  GALLONS
PER YEAR.
  7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED WITH A WINERY, FARM WINERY
OR MICRO-WINERY.
  8.  (A) A PERSON OR ENTITY LICENSED PURSUANT TO THE ALCOHOLIC BEVERAGE
CONTROL LAW MAY ALSO BE LICENSED AS A HOME WINE  MAKERS  CENTER  ON  THE
SAME  OR  ADJACENT PREMISES OF A WINERY, FARM WINERY OR MICRO-WINERY, IF
SUCH PERSON OR ENTITY IS THE HOLDER OF:
  (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THE ALCOHOLIC
BEVERAGE CONTROL LAW;
  (II) A FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A  OF  THE
ALCOHOLIC BEVERAGE CONTROL LAW; OR
  (III) A MICRO-WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-F OF THE
ALCOHOLIC BEVERAGE CONTROL LAW.
  (B)  NO  WINERY,  FARM  WINERY OR MICRO-WINERY AUTHORIZED TO OPERATE A
HOME WINE MAKERS CENTER PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION
SHALL  BE  ISSUED  A  LICENSE PURSUANT TO THIS ARTICLE, UNLESS THE STATE
LIQUOR AUTHORITY GRANTS A WRITTEN CONSENT LETTER  THERETO.    THE  STATE
LIQUOR  AUTHORITY,  IN GRANTING ITS CONSENT, SHALL DETERMINE WHETHER THE
APPLICANT COMPLIES OR WILL COMPLY WITH THE PROVISIONS OF FEDERAL LAW AND
THE RULES AND REGULATIONS OF THE FEDERAL ALCOHOL  AND  TOBACCO  TAX  AND
TRADE  BUREAU  RELATING TO HOME WINE MAKERS CENTERS. IF THE WINERY, FARM
WINERY OR MICRO-WINERY APPLYING FOR CONSENT COMPLIES WITH  SUCH  FEDERAL
LAW,  RULES  AND  REGULATIONS THE STATE LIQUOR AUTHORITY SHALL GRANT ITS
WRITTEN CONSENT FOR THE OPERATION OF A HOME  WINE  MAKERS  CENTER.  SUCH
AUTHORITY  SHALL NOT ESTABLISH ANY ADDITIONAL REQUIREMENT FOR THE GRANT-
ING OF ITS WRITTEN CONSENT.

A. 2303                             4

  (C) THE OPERATIONS OF A  HOME  WINE  MAKERS  CENTER  OPERATED  BY  ANY
WINERY, FARM WINERY OR MICRO-WINERY SHALL BE SEGREGATED FROM THE PORTION
OF SUCH WINERY, FARM WINERY OR MICRO-WINERY IN WHICH WINE SUBJECT TO THE
PROVISIONS  OF  THE  ALCOHOLIC  BEVERAGE CONTROL LAW IS FERMENTED, PROC-
ESSED,  BOTTLED,  STORED,  SHIPPED AND SOLD.   PROVIDED, HOWEVER, THAT A
WINERY, FARM WINERY OR MICRO-WINERY MAY SHARE ITS WINE MAKING  EQUIPMENT
WITH  A  LICENSED HOME WINE MAKERS CENTER AS LONG AS ALL HOME MADE WINES
PRODUCED BY SUCH EQUIPMENT IS SEGREGATED FROM SUCH PORTION OF THE  PREM-
ISES IN WHICH A WINERY, FARM WINERY OR MICRO-WINERY IS LOCATED.
  9.  FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT  NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES.
  S  3.  Section  76 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY PROVISION OF THIS SECTION,  A  LICENSED  WINERY
SHALL  BE  AUTHORIZED  TO  OPERATE A HOME WINE MAKERS CENTER PURSUANT TO
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW. PROVIDED,  FURTHER,
THAT  A WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREM-
ISES AS THE WINERY IS OPERATED SUBJECT TO THE  PROVISIONS  OF  PARAGRAPH
(C)  OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF
THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 4. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 8 to read as follows:
  8.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION, A LICENSED FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO ARTICLE TWENTY-C OF THE  AGRICULTURE  AND  MARKETS  LAW.    PROVIDED,
FURTHER,  THAT  A FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR
ADJACENT PREMISES  AS  THE  FARM  WINERY  IS  OPERATED  SUBJECT  TO  THE
PROVISIONS  OF PARAGRAPH (C) OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED
FIFTY-ONE-Z-THIRTEEN OF THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 5. Section 76-f of the alcoholic beverage control law is amended  by
adding a new subdivision 9 to read as follows:
  9.   NOTWITHSTANDING   ANY  PROVISION  OF  THIS  SECTION,  A  LICENSED
MICRO-WINERY SHALL BE AUTHORIZED TO OPERATE A HOME  WINE  MAKERS  CENTER
PURSUANT  TO  ARTICLE  TWENTY-C  OF  THE  AGRICULTURE  AND  MARKETS LAW.
PROVIDED, FURTHER, THAT A MICRO-WINERY MAY OPERATE SUCH  A  CENTER  UPON
THE SAME OR ADJACENT PREMISES AS THE MICRO-WINERY IS OPERATED SUBJECT TO
THE  PROVISIONS  OF  PARAGRAPH  (C)  OF SUBDIVISION EIGHT OF SECTION TWO
HUNDRED FIFTY-ONE-Z-THIRTEEN OF THE  AGRICULTURE  AND  MARKETS  LAW  AND
FEDERAL LAW.
  S  6.  Section  83 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. THE FEE FOR A WRITTEN CONSENT LETTER  AUTHORIZING  A  WINERY,  FARM
WINERY  OR MICRO-WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW SHALL BE ONE HUNDRED
TWENTY-FIVE DOLLARS.
  S 7. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive  immediately  any  rules, regulations or other actions necessary to
implement the provisions of this act on its effective date  are  author-
ized and directed to be completed on or before such date.