New York State Assembly

 
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A04972 Summary:

A04972 Actions:

A04972 Committee Votes:

Committee:ECONOMIC DEVELOPMENT   Chair:Schimminger      
DATE:06/06/2017AYE/NAY:21/1  Action: Favorable refer to committee Rules        
Schimminger
Aye
Walter
Aye
Gantt
Excused
Butler
Aye
Cahill
Aye
Crouch
Aye
Magnarelli
Aye
McLaughlin
Aye
Jenne
Aye
DiPietro
Aye
Lupardo
Aye
Giglio
Aye
Bronson
Aye
Errigo
Aye
Simanowitz
Aye
Brindisi
Aye
Stirpe
Aye
Barrett
Excused
Skartados
Aye
Davila
Excused
Bichotte
Excused
Jean-Pierre
Aye
Barron
Nay
Hyndman
Aye
Jones
Aye
D'Urso
Aye

Committee:RULES   Chair:Heastie      
DATE:06/07/2017AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Excused
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Excused
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A04972 Floor Votes:

A04972 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4972A
 
SPONSOR: Magee

 
TITLE OF BILL:
 
An act to amend the alcoholic beverage control law, in relation to
promoting economic development by expanding products sold by farm cider-
ies and authorizing such cideries to sell cider to other licensees for
resale
 
 
PURPOSE OF THE 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 manufac-
tured by other farm cideries and that produce New York State labeled
cider.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1: Amends ABC Law section 58-c (2-c) 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.
 
Section 2: Amends ABC Law section 58-c (2)(c) which would allow New York
farm cideries e to sell its New York products grown from New York fruit
to all licensed wineries and cideries, not just licensed farm distiller-
ies, farm wineries, farm breweries and farm cideries.
 
Section 3: Amends ABC Law section 58-c (b) and (e) of subdivision seven
which relates to selling diverse food selections as well as cider making
equipment and supplies.
 
Section 4: Amends ABC Law section 76 to authorize a licensed winery to
sell and conduct tastings of New York State labeled cider to farm
distillers, farm wineries, wineries, farm cideries and farm breweries.
 
Section 5: Establishes the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Amends bill sections one through eight of the original bill.
 
 
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 establish-
ment of farm wineries in 1976, to establish a specific alcoholic bever-
age 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 Chapter 384, farm cider-
ies were given a more limited ability to sell their products, mostly to
other farm cideries, farm distilleries, farm wineries, or farm brewer-
ies.
 
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.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New 2017
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Undetermined.
 
 
EFFECTIVE DATE:
180 days after it shall have become law

A04972 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4972--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by M. of A. MAGEE, LUPARDO, DiPIETRO, SKOUFIS, FRIEND, LUPI-
          NACCI, BRABENEC, B. MILLER -- Multi-Sponsored by -- M.  of  A.  LOPEZ,
          McDONOUGH  --  read  once  and  referred  to the Committee on Economic
          Development -- committee discharged, bill amended,  ordered  reprinted
          as amended and recommitted to said committee

        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 for resale
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 3-a of section 58 of the alco-
     2  holic beverage control law, as added by chapter 384 of the laws of 2013,
     3  is amended to read as follows:
     4    (b)  conduct  tastings  at  the licensed premises of such cider or any
     5  other New York state labeled cider;
     6    § 2. Paragraph (c) of subdivision 2 of section 58-c of  the  alcoholic
     7  beverage  control  law,  as added by chapter 384 of the laws of 2013, is
     8  amended to read as follows:
     9    (c) sell cider manufactured by the licensee to wholesalers and retail-
    10  ers licensed in this state to sell such cider, licensed farm distillers,
    11  licensed farm wineries, licensed wineries, licensed farm  breweries  and
    12  any  other  licensed  farm cidery.   All such cider sold by the licensee
    13  shall be securely sealed and have attached thereto a label as  shall  be
    14  required by section one hundred seven-a of this chapter;
    15    §  3.  Paragraphs  (b) and (e) of subdivision 7 of section 58-c of the
    16  alcoholic beverage control law, as added by chapter 384 of the  laws  of
    17  2013, are amended to read as follows:
    18    (b)  food items for the purpose of complementing cider tastings, which
    19  shall mean a diversified selection of food that is  ordinarily  consumed
    20  without  the  use  of  tableware  and can be conveniently consumed while

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06861-02-7
        A. 4972--A                          2
 
     1  standing or walking. Such food items shall include but  not  be  limited
     2  to:  cheeses,  fruits,  vegetables,  chocolates,  breads,  baked  goods,
     3  mustards and crackers;
     4    (e) cider-making equipment and supplies including, but not limited to,
     5  apples,  apple  juice,  other pome fruits, other pome fruit juices, home
     6  cider-making kits, presses, pumps, filters, yeasts, chemicals and  other
     7  cider additives, bottling equipment, bottles, cider storage and ferment-
     8  ing  vessels,  barrels,  and  books  or other written material to assist
     9  cider-makers and home cider-makers to produce and bottle cider;
    10    § 4. Subdivision 4 of section 76 of  the  alcoholic  beverage  control
    11  law,  as  amended by chapter 431 of the laws of 2014, is amended to read
    12  as follows:
    13    4. A licensed winery may at the licensed  premises,  conduct  tastings
    14  of,  and sell at retail for consumption on or off the licensed premises,
    15  any wine or wine product manufactured by the licensee or  any  New  York
    16  state  labeled  wine  or  New York state labeled wine product or any New
    17  York state labeled cider. Provided, however, for tastings and sales  for
    18  on-premises  consumption,  the licensee shall regularly keep food avail-
    19  able for sale or service to its retail customers for consumption on  the
    20  premises.  A licensee providing the following shall be deemed in compli-
    21  ance with this provision: (i) sandwiches, soups  or  other  such  foods,
    22  whether  fresh,  processed, pre-cooked or frozen; and/or (ii) food items
    23  intended to complement the tasting of alcoholic beverages,  which  shall
    24  mean a diversified selection of food that is ordinarily consumed without
    25  the  use of tableware and can be conveniently consumed while standing or
    26  walking, including but not  limited  to:  cheeses,  fruits,  vegetables,
    27  chocolates, breads, mustards and crackers. All of the provisions of this
    28  chapter  relative  to licenses to sell wine at retail for consumption on
    29  or off the premises shall apply so far as applicable to such licensee.
    30    § 5. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law; provided, however, that effective immediate-
    32  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    33  necessary  for  the implementation of this act on its effective date are
    34  authorized and directed to be made  and  completed  on  or  before  such
    35  effective date.

A04972 LFIN:

 
NO LFIN