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

Summary of specific provisions

Section 1: Amends ABC Law section 58 (3-a) that relates to the powers of a commercial cider producer that makes New York State labeled cider and, under this bill, may sell such cider to any winery or cidery (in addi- tion to a farm winery, farm cidery, or farm 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 wineries and cideries, which should help to increase the demand for New York grown fruit crops. The bill provides that after accepting such New York State labeled cider by a licensed manufacture, such ciders may be offered for resale to their customers.

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 wineries and cideries, not just licensed farm distilleries, farm wineries, farm breweries and farm cideries. In addition, such farm cidery could conduct tastings and sell other New York State labeled cider on their premises regardless of which licensee produced it.

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 produced by a commercial cidery. 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 clambake, 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 76 to authorize a commercial winery to sell New York State labeled cider to farm distillers, farm wineries, wineries, farm cideries and farm breweries.

Section 6: Amends ABC Law section 76 that relates to the powers to sell alcoholic beverages by commercial wineries. This provision authorizes these wineries to conduct tastings of all New York State labeled ciders (whether produced by such license or any other winery, farm winery or cidery) and to sell such ciders to their customers.

Section 7: Amends ABC Law section 76-a that relates to the powers to sell alcoholic beverages by farm wineries. This provision authorizes farm wineries to conduct tastings of all New York State labeled ciders (whether produced by such licensee or any other winery, farm winery or cidery) and to sell such ciders to their customers.

Section 8: 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 specif- ic 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 distiller- ies, and farm wineries, which can readily sell their products to other commercial distilleries or wineries, the sale of ciders produced by licensed farm cideries was more limited. Under the Laws of 384, farm cideries were given a more limited ability to sell their products, most- ly 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 exclu- sively with New York apples or pome fruits (New York Labeled ciders). Ultimately, expanding the range of other licensed alcoholic beverage manufacturers that can purchase farm cidery products or New York State labeled ciders for resale to their customers will increase the demand for New York produced apples and other pome fruits.

Legislative history

New bill

Fiscal implications

None.

Effective date

180 days after it shall have become law.