NY State Senate Bill 2011-S4533

Senate Bill S4533

2011-2012 Legislative Session

Provides that food processing establishments shall include the operation of home wine makers centers

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2012	referred to agriculture delivered to assembly passed senate
Jun 11, 2012	advanced to third reading
Jun 06, 2012	2nd report cal. amended 4533a
Jun 05, 2012	1st report cal.1023
Jan 04, 2012	referred to agriculture
Apr 11, 2011	referred to agriculture

Votes

- Jun 19, 2012 - Floor Vote
  S4533
  
  57
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Diaz
      
      Fuschillo
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley
  Jun 5, 2012 - Agriculture Committee Vote
  S4533
  
  9
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jun 5, 2012
      
      aye (9)
      
      Gallivan
      
      Huntley
      
      Kennedy
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Avella

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S4533 - Details

See Assembly Version of this Bill:: A7971
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-2, ren §251-z-13 to be §251-z-14, add §251-z-13, Ag & Mkts L; amd §§76, 76-a & 83, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3495, A2303
2013-2014: S1980, A1959
2015-2016: S1227, A1100

2011-S4533 - Summary

Authorizes the operation of home wine makers centers as food processing establishments under the jurisdiction of the department of agriculture and markets; defines such centers as places where individuals pay a fee to use space and equipment for the purpose of making wine for personal household use and not for resale; authorizes wineries and farm wineries to operate such a business.

2011-S4533 - Sponsor Memo

                                BILL NUMBER:S4533

TITLE OF BILL:
An act
to amend the agriculture and markets law and the alcoholic beverage
control law, in relation to providing
that food processing establishments shall include
the operation of home wine
makers centers

PURPOSE:
The purpose of this bill is to create a regulatory mechanism so that
home wine maker centers can be established in this State as they have
been established in many other wine producing states such as
California, Washington, and Oregon. This bill will facilitate the
ability of home wine makers to pool their resources and share equipment
and storage facilities to produce quality wine for home consumption as
is currently allowed for under federal regulations. The amendments to
this "B" print are suggested language changes provided by the Federal
Alcohol and Tobacco Tax and Trade Bureau (TTB) to ensure that this
state bill complies with Federal Law.

SUMMARY OF PROVISIONS:
Section 1: Amends Agriculture and Markets Law section 251-z-2 to add
to the definition of "food processing establishment" all licensed
"home wine making centers" (centers). These licensed Centers will

allow home wine makers to work independently from other home wine
makers in the same facility so that they can make their own wines for
home consumption as is permitted under federal law. (see 27 CFR 24.75
and www.ttb.gov/wine/faq.shtml (at W-A)).

Section 2: Adds a new Agriculture and Markets Law section 251-z-13 to
establish the conditions that a licensed home wine makers center
(Center) must satisfy to be licensed in this State and to satisfy
federal law with regards to the production of wines for home
consumption and not for resale.

As per federal law and its rules and regulations, this section
outlines what participating home wine makers must do to produce home
made wines at these Centers and continue to satisfy federal law to
remain exempt from the regulation of the Alcohol and Tobacco Tax and
Trade Bureau (TTB). The TTB issues federal licenses for the
production of commercial wine that may be sold to the general public,
but does not license home wine making centers because the production
of such wines is exempt by federal law and its rules and regulations.
(see 27 CFR 24.75 and www.ttb.gov/wine/faq. (at W-4)).

This section also specifies what Centers and their employees may do
and may not do to assist participating home wine makers who are
making tax exempt wines at licensed Centers for home consumption and
not for sale. These are the same standards articulated by the TTB to
satisfy federal requirement to establish such Centers. (see
www/ttb.gov/wine/faq (at W-4)).

This section authorizes such Centers to be established as free standing
tax exempt (non-bonded) wine production facility for home wine makers.


Further, this law permits wineries, farm wineries, and micro-wineries
to obtain a license to operate a Center on the same premises or a
premises adjacent to a winery as long as the state Liquor Authority
(SLA) consents to the issuance of such a license. The SLA must consent
to a winery application if all TTB criteria have been satisfied.

The law is very clear that the Center and winery may share equipment
and be in the same building, but that wine produced at a commercial
winery must always remain segregated from wine made for home
consumption and stored in separate storage rooms. The law conforms to
the standards established by federal law to establish a Center on the
same or adjacent premises to a commercial winery as long as the wine
is not commingled nor made and stored in the same storage room or
part of the bonded winery. Home made wines, at no time, may enter the
bonded portion of a winery building.

Section 3: Amends Alcoholic Beverage Control Law section 76 to
authorize a winery to also operate on the same or adjacent premises a
licensed Center as long as the criteria established in this law and
federal law & rules and regulations are adhered to so that commercial
and home made wines always remain segregated.

Section 4: Amends Alcoholic Beverage control Law section 76-a to
authorize a farm winery to also operate on the same or adjacent
premises a licensed Center as long as the criteria established in
this law and federal law & rules and regulations are adhered to so
that commercial and home made wines always remain segregated.

Section 5: Amends Alcoholic Beverage Control Law section 76-f to
authorize a micro-winery to also operate on the same or adjacent
premises a licensed Center as long as the criteria established in
this law and federal law & rules and regulations are adhered to so
that commercial and home made wines always remain segregated.

EXISTING LAW:
Federal law permits Centers to be established without the issuance of
a federal TTB winery license because such activities are deemed to be
home wine making activities which are exempt for federal wine
licensing and registration requirements and taxation. Many states
have adopted laws to allow for such Centers to be established. Under
federal regulations, New York must adopt a law to authorize these
Centers for them to be allowed to exist in this state. Many
wine-making states, including California, Washington, and Oregon have
adopted similar laws to permit the establishment of Centers in their
own states.

JUSTIFICATION:
One way to encourage expansion of the grape growing and other fruit
growing industries in this State is to increase the demand for
locally grown grapes. Establishing Home Wine Makers Centers (Centers)
is one way to increase the demand for locally grown fruits. This idea
came from apple and grape farmers who wanted to establish such a
Center on their farm so that they could increase the sales of their
apple and grape crops. In addition, income could be derived from the
sale of wine making supplies and leasing storage space for the making
of home made wines.


This bill facilitates the production of home made wines. It encourages
production of home made wines by allowing many home wine makers to
operate in a licensed facility where they can share wine making
equipment, such as wine presses, pumps, filters, storage and bottling
facilities, and laboratory facilities. This lowers the overhead
costs for home wine making production. In addition, Center employees
can give advice on the proper techniques to make wine so that
wine quality increases.

Lowering the overhead costs to produce wine, supplying a place in
which it is easy to make, store, and bottle, and making such wine in
a place that has experts to obtain advice from to produce superior
wines should all help to make it easier for home wine makers to make
quality wines for home consumption. This, in turn, should increase
the amount of home made wines produced by this State's residents and
increase the demand for locally grown grapes.

Further, by encouraging home wine makers to use local grapes, this may
increase the demand for and sales of New York's commercially produced
wines because they use the same grape varieties as these home wine
makers will use. New York produces many quality wines from
un-California like grape varieties that are not commonly consumed by
the wine drinking public (i.e. French-hybrid and lubrusca grape
varieties). Encouraging local home wine makers to use French-hybrid
and lubrusca grapes can get such vintners (who generally consume on
average more commercial wine than the general public) to become
accustomed to these grape varieties and thereby increase the sale of
commercially produced wines from French-hybrid and lubrusca grape
varieties.

It is hoped that by increasing the number of home wine makers, this
will increase the "talent pool" of wine makers available for
employment in commercial wineries. Many home wine makers have
"graduated" to working either full-time or part-time in already
established commercial wineries. Further, some have even gone on to
establish their own commercial wineries to produce wines for
commercial sale. It is important for the New York wine industry to
increase the overall skill and depth of the number of wine makers
available for use in this growing industry.
Encouraging the growth of New York's wine industry will, in turn,
increase the demand for New York state produced grapes and other
fruits.

Another benefit of this bill is to authorize farms, wineries, farm
wineries and micro-wineries to establish ancillary businesses on the
same premises or premises adjacent to a farm or a winery to increase
their overall profit margin. By enacting this bill into law, wineries
could increase the utilization of their otherwise idle wine making
equipment, increase sales of grapes that they grow or are grown by
farmers associated with the winery, but are not being utilized by
their commercial winery operation, and renting out underutilized
space within their wineries to home wine makers.

For farmers without a winery, a Center could be established on such a
farm. The benefit of such a Center to a farm operation is that the
grower could more effectively market the sale of their agricultural


produce to home wine makers at higher retail prices instead of lower
wholesale or bulk prices.

The trend in New York's agricultural industry is that the more
successful farms and agri-businesses are not concentrating in growing
just one crop or operating one business, but diversifying their
operations to increase over-all revenue generation and to sell their
produce at retail as opposed to wholesale prices.

LEGISLATIVE HISTORY:
S.7246-B/A.10415-B of 2008
S.3495/A.2303 of 2009

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1, in the year succeeding the year this law shall become
effective.

2011-S4533 - Bill Text download pdf

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

                                  4533

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed 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,] FOUR-A, FIVE-A, FIVE-B, FIVE-C,
FIVE-D, SEVENTEEN-B, nineteen[, twenty-b,] and twenty-one of this  chap-
ter;  service  food establishments, including vending machine commissar-
ies, under permit and inspection by the [state] department of health  or
by  a  local  health  agency  which  maintains  a  program certified and
approved by the [state] commissioner  of  health;  establishments  under
federal  meat,  poultry  or  egg  product  inspection; or establishments
engaged solely in the harvesting, storage, or  distribution  of  one  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10267-01-1

S. 4533                             2

more   raw   agricultural  commodities  which  are  ordinarily  cleaned,
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;

S. 4533                             3

  (J) SHALL CAUSE THE FRUIT TO FERMENT;
  (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 PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL NOT EXCEED TEN THOUSAND GALLONS  PER  YEAR.  PROVIDED,  THAT  SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY, FARM WINERY OR MICRO-WINERY LICENSE.
  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

S. 4533                             4

AUTHORITY  SHALL NOT ESTABLISH ANY ADDITIONAL REQUIREMENT FOR THE GRANT-
ING OF ITS WRITTEN CONSENT.
  (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.

co-Sponsors

2011-S4533A (ACTIVE) - Details

See Assembly Version of this Bill:: A7971
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-2, ren §251-z-13 to be §251-z-14, add §251-z-13, Ag & Mkts L; amd §§76, 76-a & 83, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3495, A2303
2013-2014: S1980, A1959
2015-2016: S1227, A1100

2011-S4533A (ACTIVE) - Summary

2011-S4533A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4533A

TITLE OF BILL:
An act
to amend the agriculture and markets law and the alcoholic beverage
control law, in relation to providing
that food processing establishments shall include
the operation of home wine
makers centers

PURPOSE:
The purpose of this bill is to create a regulatory mechanism so that
home wine maker centers can be established in this State as they have
been established in many other wine producing states such as
California, Washington, and Oregon. This bill will facilitate the
ability of home wine makers to pool their resources and share
equipment and storage facilities to produce quality wine for home
consumption as is currently allowed for under federal regulations.
The amendments to this "B" print are suggested language changes
provided by the Federal Alcohol and Tobacco Tax and Trade Bureau
(TTB) to ensure that this state bill complies with Federal Law.

SUMMARY OF PROVISIONS:
Section 1: Amends Agriculture and Markets Law section 251-z-2 to add
to the definition of "food processing establishment" all licensed
"home wine making centers" (centers). These licensed Centers will

allow home wine makers to work independently from other home wine
makers in the same facility so that they can make their own wines for
home consumption as is permitted under federal law. (see 27 CFR 24.75
and www.ttb.gov/wine/faq.shtml (at W-A)).

Section 2: Adds a new Agriculture and Markets Law section 251-z-13 to
establish the conditions that a licensed home wine makers center
(Center) must satisfy to be licensed in this State and to satisfy
federal law with regards to the production of wines for home
consumption and not for resale.

As per federal law and its rules and regulations, this section
outlines what participating home wine makers must do to produce home
made wines at these Centers and continue to satisfy federal law to
remain exempt from the regulation of the Alcohol and Tobacco Tax and
Trade Bureau (TTB). The TTB issues federal licenses for the
production of commercial wine that may be sold to the general public,
but does not license home wine making centers because the production
of such wines is exempt by federal law and its rules and regulations.
(see 27 CFR 24.75 and www.ttb.gov/wine/faq. (at W-4)).

This section also specifies what Centers and their employees may do
and may not do to assist participating home wine makers who are
making tax exempt wines at licensed Centers for home consumption and
not for sale. These are the same standards articulated by the TTB to

satisfy federal requirement to establish such Centers. (see
www/ttb.gov/wine/faq (at W-4)).

This section authorizes such Centers to be established as free
standing tax exempt (non-bonded) wine production facility for home
wine makers. Further, this law permits wineries and farm wineries to
obtain a license to operate a Center on the same premises or a
premises adjacent to a winery as long as the state Liquor Authority
consents to the issuance of such a license. The SLA must consent to a
winery application if all TTB criteria have been satisfied.

The law is very clear that the Center and winery may share equipment
and be in the same building, but that wine produced at a commercial
winery must always remain segregated from wine made for home
consumption and stored in separate storage rooms. The law conforms to
the standards established by federal law to establish a Center on the
same or adjacent premises to a commercial winery as long as the wine
is not commingled nor made and stored in the same storage room or
part of the bonded winery. Home made wines, at no time, may enter the
bonded portion of a winery building.

Section 3: Amends Alcoholic Beverage Control Law section 76 to
authorize a winery to also operate on the same or adjacent premises a
licensed Center as long as the criteria established in this law and
federal law & rules and regulations are adhered to so that commercial
and home made wines always remain segregated.

Section 4: Amends Alcoholic Beverage control Law section 76-a to
authorize a farm winery to also operate on the same or adjacent
premises a licensed Center as long as the criteria established in
this law and federal law & rules and regulations are adhered to so
that commercial and home made wines always remain segregated.

Section 5: Amends section 83 of the Alcoholic Beverage Control Law to
requires the fee for a written consent letter authorizing a winery or
farm winery to operate a home wine makers center to be $125.

EXISTING LAW:
Federal law permits Centers to be established without the issuance of
a federal TTB winery license because such activities are deemed to be
home wine making activities which are exempt for federal wine
licensing and registration requirements and taxation. Many states
have adopted laws to allow for such Centers to be established. Under
federal regulations, New York must adopt a law to authorize these
Centers for them to be allowed to exist in this state. Many
wine-making states, including California, Washington, and Oregon have
adopted similar laws to permit the establishment of Centers in their
own states.

JUSTIFICATION:
One way to encourage expansion of the grape growing and other fruit
growing industries in this State is to increase the demand for

locally grown grapes.
Establishing Home Wine Makers Centers (Centers) is one way to increase
the demand for locally grown fruits. This idea came from apple and
grape farmers who wanted to establish such a Center on their farm so
that they could increase the sales of their apple and grape crops. In
addition, income could be derived from the sale of wine making
supplies and leasing storage space for the making of home made wines.

This bill facilitates the production of home made wines. It encourages
production of home made wines by allowing many home wine makers to
operate in a licensed facility where they can share wine making
equipment, such as wine presses, pumps, filters, storage and bottling
facilities, and laboratory facilities. This lowers the overhead costs
for home wine making production.

In addition, Center employees can give advice on the proper techniques
to make wine so that wine quality increases.

Lowering the overhead costs to produce wine, supplying a place in
which it is easy to make, store, and bottle, and making such wine in
a place that has experts to obtain advice from to produce superior
wines should all help to make it easier for home wine makers to make
quality wines for home consumption. This, in turn, should increase
the amount of home made wines produced by this State's residents and
increase the demand for locally grown grapes.

Further, by encouraging home wine makers to use local grapes, this may
increase the demand for and sales of New York's commercially produced
wines because they use the same grape varieties as these home wine
makers will use.
New York produces many quality wines from un-California like grape
varieties that are not commonly consumed by the wine drinking public
(i.e. French-hybrid and lubrusca grape varieties). Encouraging local
home wine makers to use French-hybrid and lubrusca grapes can get
such vintners (who generally consume on average more commercial wine
than the general public) to become accustomed to these grape
varieties and thereby increase the sale of commercially produced
wines from French-hybrid and lubrusca grape varieties.

It is hoped that by increasing the number of home wine makers, this
will increase the "talent pool" of wine makers available for
employment in commercial wineries. Many home wine makers have
"graduated" to working either full-time or part-time in already
established commercial wineries.
Further, some have even gone on to establish their own commercial
wineries to produce wines for commercial sale. It is important for
the New York wine industry to increase the overall skill and depth of
the number of wine makers available for use in this growing industry.
Encouraging the growth of New York's wine industry will, in turn,
increase the demand for New York state produced grapes and other
fruits.

Another benefit of this bill is to authorize farms, wineries, farm
wineries and micro-wineries to establish ancillary businesses on the
same premises or premises adjacent to a farm or a winery to increase
their overall profit margin. By enacting this bill into law, wineries
could increase the utilization of their otherwise idle wine making
equipment, increase sales of grapes that they grow or are grown by
farmers associated with the winery, but are not being utilized by
their commercial winery operation, and renting out underutilized
space within their wineries to home wine makers.

For farmers without a winery, a Center could be established on such a
farm. The benefit of such a Center to a farm operation is that the
grower could more effectively market the sale of their agricultural
produce to home wine makers at higher retail prices instead of lower
wholesale or bulk prices.

The trend in New York's agricultural industry is that the more
successful farms and agri-businesses are not concentrating in growing
just one crop or operating one business, but diversifying their
operations to increase overall revenue generation and to sell their
produce at retail as opposed to wholesale prices.

LEGISLATIVE HISTORY:

S.7246B/A.10415B of 2008 S.3495/A.2303 of 2009

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1, in the year succeeding the year this law shall become
effective.

2011-S4533A (ACTIVE) - Bill Text download pdf

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

                                 4533--A
    Cal. No. 1023

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by  Sens.  CARLUCCI, RITCHIE, KLEIN, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Agriculture -- recommitted to the Committee on Agricul-
  ture in accordance with Senate Rule 6, sec. 8  --  reported  favorably
  from said committee, ordered to first report, amended on first report,
  ordered  to a second report and ordered reprinted, retaining its place
  in the order of second report

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,] FOUR-A, FIVE-A, FIVE-B, FIVE-C,
FIVE-D, SEVENTEEN-B, nineteen[, twenty-b,] and twenty-one of this  chap-
ter;  service  food establishments, including vending machine commissar-

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

                                                           LBD10267-02-2

S. 4533--A                          2

ies, under permit and inspection by the [state] department of health  or
by  a  local  health  agency  which  maintains  a  program certified and
approved by the [state] commissioner  of  health;  establishments  under
federal  meat,  poultry  or  egg  product  inspection; or establishments
engaged solely in the harvesting, storage, or  distribution  of  one  or
more   raw   agricultural  commodities  which  are  ordinarily  cleaned,
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;

S. 4533--A                          3

  (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;
  (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 PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL NOT EXCEED TEN THOUSAND GALLONS  PER  YEAR.  PROVIDED,  THAT  SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY OR FARM WINERY LICENSE.
  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 OR FARM
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 OR FARM 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; OR
  (II)  A  FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A OF THE
ALCOHOLIC BEVERAGE CONTROL LAW.
  (B) NO WINERY OR FARM 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  REGU-
LATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING
TO  HOME  WINE MAKERS CENTERS. IF THE WINERY OR FARM WINERY APPLYING FOR

S. 4533--A                          4

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  ADDI-
TIONAL REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT.
  (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY
OR  FARM  WINERY  SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR
FARM WINERY IN WHICH WINE SUBJECT TO THE  PROVISIONS  OF  THE  ALCOHOLIC
BEVERAGE  CONTROL  LAW IS FERMENTED, PROCESSED, BOTTLED, STORED, SHIPPED
AND SOLD.  PROVIDED, HOWEVER, THAT A WINERY OR FARM 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 PREMISES IN WHICH A WINERY OR FARM 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 14 to read as follows:
  14. 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 10 to read as follows:
  10.  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 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 OR FARM
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  6. 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.

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Senate Bill S4533

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Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2011-S4533 - Details

2011-S4533 - Summary

2011-S4533 - Sponsor Memo

2011-S4533 - Bill Text download pdf

co-Sponsors

2011-S4533A (ACTIVE) - Details

2011-S4533A (ACTIVE) - Summary

2011-S4533A (ACTIVE) - Sponsor Memo

2011-S4533A (ACTIVE) - Bill Text download pdf

Comments