2023 New York Laws › ABC - Alcoholic Beverage Control › Article 4-A - Special Provisions Relating to Cider › 58-C - Farm Cidery License.

§  58-c. Farm cidery license. 1. Any person may apply to the authority
for a farm cidery license as provided for in  this  section  to  produce
cider  within  this state for sale. Such application shall be in writing
and verified and shall contain such information as the  authority  shall
require.  Such  application shall be accompanied by a check or draft for
the amount required by this article for such license. If  the  authority
grants  the  application, it shall issue a license in such form as shall
be determined by its rules. Such license shall contain a description  of
the licensed premises and in form and in substance shall be a license to
the  person  therein  specifically  designated  to  produce cider in the
premises therein specifically licensed.
2. A farm cidery license shall authorize the holder thereof to operate
a cidery for the manufacture of New York state labelled  cider.  Such  a
license shall also authorize the licensee to:
(a)  sell  in  bulk  cider  manufactured by the licensee to any person
licensed to manufacture alcoholic  beverages  in  this  state  or  to  a
permittee  engaged  in  the  manufacture of products which are unfit for
beverage use;
(b) sell or deliver cider manufactured  by  the  licensee  to  persons
outside the state pursuant to the laws of the place of such delivery;
(c)  sell  cider  manufactured  by  the  licensee  to  wholesalers and
retailers licensed in this state  to  sell  such  cider,  licensed  farm
distillers,  licensed  farm  wineries,  licensed wineries, licensed farm
breweries and any other licensed farm 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;
(f)  (i)  at  the  licensed premises, conduct tastings of, and sell at
retail for consumption on  or  off  the  licensed  premises,  any  cider
manufactured  by  the  licensee  or  any  New  York state labeled cider.
Provided, however, for tastings and sales for  on-premises  consumption,
the  licensee shall regularly keep food available for sale or service to
its retail  customers  for  consumption  on  the  premises.  A  licensee
providing  the  following  shall  be  deemed  in  compliance  with  this
provision: (A) sandwiches, soups or other  such  foods,  whether  fresh,
processed,  pre-cooked  or  frozen;  and/or  (B)  food items intended to
complement the tasting  of  alcoholic  beverages,  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,  including  but  not  limited  to: cheeses, fruits, vegetables,
chocolates, breads, mustards and crackers. All of the provisions of this
chapter relative to licensees selling cider at retail shall  apply;  and
(ii)  operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed  premises  and
sell  at  such  place,  at retail for consumption on the premises, cider
manufactured by the licensee and any New York state labeled  cider.  All
of the provisions of this chapter relative to licensees to selling cider
at  retail  shall apply. Notwithstanding any other provision of law, the
licensed farm cidery may apply to the authority for a license under this
chapter to sell other alcoholic beverages at retail for  consumption  on
the premises at such establishment;
(g) sell cider manufactured by the licensee or any other licensed farm
cidery 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;
(h) conduct tastings of and sell at retail for consumption on  or  off
the  premises  New  York  state  labeled beer manufactured by a licensed
brewery or licensed farm brewery;
(i) conduct tastings of and sell at retail for consumption on  or  off
the  premises  New  York  state labelled wine manufactured by a licensed
winery or licensed farm winery;
(j)  conduct  tastings of and sell at retail for consumption on or off
the premises New York state labelled liquor manufactured by  a  licensed
distiller  or  licensed  farm  distiller;  provided,  however,  that  no
consumer may be provided, directly or indirectly:  (i)  with  more  than
three  samples of liquor for tasting in one calendar day; or (ii) with a
sample of liquor for tasting equal to more than one-quarter fluid ounce;
(j-1) conduct tastings of and sell at retail for consumption on or off
the premises New York state  labelled  mead  manufactured  by  a  person
licensed to produce mead under this chapter;
(j-2) conduct tastings of and sell at retail for consumption on or off
the  premises  New  York state labelled braggot manufactured by a person
licensed to produce braggot under this chapter; and
(k) engage in any other business on the licensed premises  subject  to
such  rules  and  regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity  of  the
farm cidery licensee.
3.  (a)  A  farm  cidery  licensee  may  apply for a permit to conduct
tastings away from the  licensed  premises  of  cider  produced  by  the
licensee.  Such  permit  shall  be valid throughout the state and may be
issued on an annual basis or for individual events. Each such permit and
the exercise of the privilege granted thereby shall be subject  to  such
rules and conditions of the authority as it deems necessary.
(b) Tastings shall be conducted subject to the following limitations:
(i)  tastings  shall be conducted by an official agent, representative
or solicitor of one or more farm cideries. Such agent, representative or
solicitor shall be physically present at all times during the conduct of
the tastings; and
(ii) any liability stemming from a right of action  resulting  from  a
tasting  of  cider  as  authorized  herein  and  in  accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm cidery.
4. A licensed farm cidery holding a tasting permit issued pursuant  to
subdivision  three  of  this  section  may  apply to the authority for a
permit to sell cider produced by such farm cidery, by the bottle, during
such  tastings  in  premises   licensed   under   sections   sixty-four,
sixty-four-a,  eighty-one  and  eighty-one-a  of this chapter. Each such
permit and the exercise  of  the  privilege  granted  thereby  shall  be
subject  to  such  rules  and  conditions  of  the authority as it deems
necessary.
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 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.
6.  A licensed farm cidery may apply to the authority for a license to
sell beer, liquor and/or wine at retail for consumption on the  premises
in  a restaurant owned by him and conducted and operated by the licensee
in or adjacent to its farm cidery. All of the provisions of this chapter
relative to  licenses  to  sell  beer,  liquor  or  wine  at  retail  or
consumption on the premises shall apply so far as applicable.
7.  A  farm  cidery  license  shall  authorize  the  holder thereof to
manufacture, bottle and  sell  food  condiments  and  products  such  as

mustards,  sauces, jams, jellies, mulling spices and other cider related
foods in addition to other such food and crafts on and from the licensed
premises. Such license shall authorize the holder thereof to  store  and
sell gift items in a tax-paid room upon the licensed premises incidental
to the sale of cider. These gift items shall be limited to the following
categories:
(a)  non-alcoholic  beverages  for  consumption  on  or  off premises,
including but not limited to bottled water, juice and soda beverages;
(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,  baked  goods,
mustards and crackers;
(c) food items, which shall include locally produced farm products and
any  food  or  food  product  not  specifically  prepared  for immediate
consumption upon the premises. Such food items may be  combined  into  a
package containing cider related products;
(d)  cider  supplies  and  accessories,  which  shall include any item
utilized for the  storage,  serving  or  consumption  of  cider  or  for
decorative  purposes.  These supplies may be sold as single items or may
be combined into a package containing cider;
(e) cider-making equipment and supplies including, but not limited to,
apples, apple juice, other pome fruits, other pome  fruit  juices,  home
cider-making  kits, presses, pumps, filters, yeasts, chemicals and other
cider  additives,  bottling  equipment,  bottles,  cider   storage   and
fermenting  vessels,  barrels,  and  books  or other written material to
assist cider-makers and home cider-makers to produce and bottle cider;
(f) souvenir items,  which  shall  include,  but  not  be  limited  to
artwork,  crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
8. Notwithstanding any provision of this chapter to the contrary,  any
farm cidery licensee may charge for tours of its premises.
9. The holder of a license issued under this section may operate up to
five  branch  offices  located  away from the licensed farm cidery. Such
locations shall be considered part of  the  licensed  premises  and  all
activities allowed at and limited to the farm cidery may be conducted at
the  branch  offices.  Such  branch offices shall not be located within,
share a common entrance and exit with, or have any  interior  access  to
any  other  business,  including  premises  licensed  to  sell alcoholic
beverages at retail. Prior to commencing operation of  any  such  branch
office,  the licensee shall notify the authority of the location of such
branch office and the authority may issue a permit for the operation  of
same.
10.  (a)  No  farm  cidery  shall manufacture in excess of two hundred
fifty thousand gallons of cider annually.
(b) A licensed farm cidery shall produce at  least  fifty  gallons  of
cider annually.
11.  (a)  Except  as provided in paragraph (b) of this subdivision, no
licensed farm cidery shall manufacture or sell any cider other than  New
York state labelled cider.
(b)  In  the  event  that the commissioner of agriculture and markets,
after investigating and compiling information  pursuant  to  subdivision
forty-two  of  section  sixteen  of  the  agriculture  and  markets law,
determines that a natural disaster, act of  God,  or  continued  adverse
weather  condition  has  destroyed  much of the apple crop necessary for
producing cider, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm cidery  to

manufacture or sell cider produced from apples grown outside this state.
No  such authorization shall be granted to a farm cidery licensee unless
such licensee certifies to such commissioner the quantity  of  New  York
grown  apples unavailable to such licensee due to such natural disaster,
act of God or continuing adverse weather condition  and  satisfies  such
commissioner  that  reasonable efforts were made to obtain apples from a
New York state source for such cider  making  purpose.  No  farm  cidery
shall  utilize  an  amount  of  out-of-state  grown apples exceeding the
amount of New York grown apples that such cidery is unable to obtain due
to the destruction of New York grown apples by a natural  disaster,  act
of  God  or  continuing  adverse  weather condition as determined by the
commissioner of agriculture and markets pursuant  to  this  subdivision.
For  purposes  of  this  subdivision,  the department of agriculture and
markets and the authority are authorized to adopt rules and  regulations
as  they  may  deem  necessary  to  carry  out  the  provisions  of this
subdivision which shall include ensuring  that  in  manufacturing  cider
farm  cideries utilize apples grown in New York state to the extent they
are reasonably available, prior to utilizing apples from an out-of-state
source for such purpose.
(c) The commissioner of agriculture and markets shall  make  available
to   farm   cideries   and  to  the  public  each  specific  apple  loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d) In the event that the continuing effects of  a  natural  disaster,
act  of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which  meets  the  standards
provided  in  paragraph  (b)  of  this  subdivision, the commissioner of
agriculture and markets,  in  consultation  with  the  chairman  of  the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm cideries and to the public the loss
determination  issued  pursuant to this paragraph prior to October tenth
of each year.
12. Notwithstanding any contrary provision of law or of  any  rule  or
regulation   promulgated  pursuant  thereto,  and  in  addition  to  the
activities which may otherwise be carried out  by  any  person  licensed
under  this section, such person may, on the premises designated in such
license:
(a) produce, package, bottle, sell and deliver soft drinks  and  other
non-alcoholic beverages, vitamins, and other by-products;
(b) recover carbon dioxide and yeast;
(c)  store  bottles,  packages and supplies necessary or incidental to
all such operations;
(d) package, bottle, sell and deliver wine products;
(e) allow for the premises including space and equipment to be  rented
by a licensed tenant cider producer for the purposes of alternation.
13. Notwithstanding any other provision of this chapter, the authority
may  issue  a  farm cidery license to the holder of a farm brewery, farm
winery or farm distiller's license for use at such  licensee's  existing
licensed  premises.  The  holder  of a farm brewery, farm winery or farm
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.
14.  The  authority  is  hereby  authorized  to  promulgate  rules and
regulations to effectuate the purposes of this section.  In  prescribing
such  rules  and  regulations, the authority shall promote the expansion

and profitability of cider  production  and  of  tourism  in  New  York,
thereby  promoting  the  conservation, production and enhancement of New
York state agricultural lands.
15.  Notwithstanding  any  provision  of  law to the contrary, another
business or other  businesses  may  operate  on  the  licensed  premises
subject  to  such  rules  and  regulations  as  the liquor authority may
prescribe. Such rules and regulations shall determine  which  businesses
will  be  compatible  with  the  policy and purposes of this chapter and
shall consider the effect of particular businesses on the community  and
area  in the vicinity of the farm cidery premises, provided however that
a retailer business licensed under this chapter shall not  be  permitted
to operate at a licensed manufacturing premises.