Understanding the latest changes to New York’s farm cidery license

Manufacturing privileges:

• manufacture of New York state labelled cider. No farm cidery shall manufacture in excess of two hundred fifty thousand gallons of cider annually and shall produce at least fifty gallons of cider annually.

• manufacture and bottle food condiments and products such as mustards, sauces, jams, jellies, mulling spices and other cider related foods.

• produce, package, bottle, sell and deliver soft drinks and other non-alcoholic beverages, vitamins, and other by-products.

• package, bottle, sell and deliver wine products (not wine, but wine cooler type beverages).

 

Sales privileges:

• sell at such place, at retail for consumption on the premises, cider manufactured by the licensee and any New York state labeled cider. With an additional license, sell other alcoholic beverages at retail for consumption on the premises at such establishment.

• sell cider manufactured by the licensee or any other licensed farm
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.

• sell in bulk cider manufactured by the licensee to any person licensed to manufacture alcoholic beverages in this state.

• sell or deliver cider manufactured by the licensee to persons outside the state.

• sell cider manufactured by the licensee to wholesalers and retailers licensed in this state to sell such cider; All such cider sold by the licensee shall be securely sealed and have attached thereto a label.

• 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: sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or 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.

• sell at retail for consumption off the premises New York state labeled beer.

• sell at retail for consumption off the premises New York state labelled wine.

• sell at retail for consumption off the premises New York state labelled liquor.

• with an additional permit, sell cider produced by such farm cidery, by the bottle, during tastings in bars and restaurants.

• with another license to sell beer, liquor and/or wine at retail for consumption on the premises in a restaurant owned by him (not a separate business) and conducted and operated by the licensee in or adjacent to its farm cidery.

• sell food condiments and products such as mustards, sauces, jams, jellies, mulling spices and other cider related foods.

• sell food and crafts on and from the licensed premises. 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, 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,
home cider-making kits, filters, bottling equipment, 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.
Tasting privileges:

• conduct tastings of any cider manufactured by the licensee or any New York state labeled cider.

• conduct tastings of New York state labeled beer.

• Conduct tastings of New York state labelled wine.

• conduct tastings of New York state labelled liquor.

• with another permit, conduct tastings away from the licensed premises of cider produced by the licensee. Such permit shall be valid throughout the state provided they are conducted by an official agent, representative.
Other privileges:

• operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises.
• engage in any other business on the licensed premises approved by the Authority and considering the effect of particular businesses on the community and area in the vicinity of the farm cidery licensee.
• with another permit, conduct tastings away from the licensed premises of cider produced by the licensee. Such permit shall be valid throughout the state provided they are conducted by an official agent, representative

• 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.

• allow for the premises including space and equipment to be rented by a licensed tenant cider producer for the purposes of alternation.
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• 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.