Pursuant to Alcoholic Beverage Control Law (“ABCL”) Section 3(20-a), New York State labelled wine must contain at least 75% by volume New York grown grapes or other fruits.
Winery licensees are reminded that while they may import out-of-state wine, grapes or other fruits for manufacturing purposes, they may not represent any wine as “New York State labelled wine” unless at least 75% of the grapes or other fruits utilized to produce the wine were grown in New York. As part of licensee’s obligation under ABCL Section 103(7) to maintain adequate books and records, wineries should maintain documentation to demonstrate that any New York State labelled wine produced by the licensee conforms to the statutory standard.
Farm winery licensees are reminded that they may only utilize grapes or other fruit grown in New York State absent a declaration form the commissioner of the Department of Agriculture and Markets permitting the use of out-of-state agricultural. As part of the licensee’s obligation under ABCL Section 103(70) to maintain adequate books and records, farm wineries should maintain documentation to demonstrate that any wine produced by the licensee is made using only New York State grapes or other fruits.