Bill Text: NY A10199 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to crop loss determinations for apples used in the production of New York state labeled cider made by the commissioner of agriculture and markets; authorizes use of apples grown outside the state for New York state labeled cider when necessary due to a loss of crops.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-03 - substituted by s9232 [A10199 Detail]
Download: New_York-2023-A10199-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10199 IN ASSEMBLY May 10, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lupardo) -- (at request of the Department of Agriculture and Markets) -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, the alcoholic beverage control law, and the tax law, in relation to crop loss determinations for apples used in the production of New York state labeled cider The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 42 of section 16 of 2 the agriculture and markets law, paragraph (a) as amended and paragraph 3 (b) as added by chapter 108 of the laws of 2012, are amended to read as 4 follows: 5 (a) For purposes of making timely determinations and consulting with 6 the chairman of the state liquor authority pursuant to subdivision five 7 of section seventy-six-a of the alcoholic beverage control law, investi- 8 gate and compile information relative to natural disasters, acts of God, 9 or continued adverse weather conditions which shall affect: (i) the crop 10 of grapes or other fruit products used in the production of wine; and/or 11 (ii) the crop of apples used in the production of cider. 12 (b) For purposes of making timely determinations and consulting with 13 the chairman of the state liquor authority pursuant to subdivision elev- 14 en of section fifty-one-a of the alcoholic beverage control law, inves- 15 tigate and compile information relative to natural disasters, acts of 16 God, or continued adverse weather conditions which shall affect: (i) the 17 necessary ingredients for brewing beer; and/or (ii) the crop of apples 18 used in the production of cider. 19 § 2. Paragraph (b) of subdivision 12 of section 51-a of the alcoholic 20 beverage control law, as added by chapter 108 of the laws of 2012, is 21 amended to read as follows: 22 (b) In the event that the commissioner of agriculture and markets, 23 after investigating and compiling information pursuant to subdivision 24 forty-two of section sixteen of the agriculture and markets law, deter- 25 mines that a natural disaster, act of God, or continued adverse weather 26 condition has destroyed [much] at least thirty percent of the apple crop EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14205-02-4A. 10199 2 1 necessary for producing cider, such commissioner, in consultation with 2 the chairman of the authority, may give authorization to a duly licensed 3 farm brewery to manufacture or sell cider produced from such apples 4 designated as necessary for producing cider and grown outside this 5 state. No such authorization shall be granted to a farm brewery licen- 6 see unless such licensee certifies to such commissioner the quantity of 7 such New York grown apples designated as necessary for producing cider 8 unavailable to such licensee due to such natural disaster, act of God, 9 or continuing adverse weather condition and satisfies such commissioner 10 that reasonable efforts were made to obtain such apples from a New York 11 state source for such cider making purpose. No farm brewery shall 12 utilize an amount of out-of-state grown apples exceeding the amount of 13 such designated New York grown apples that such brewery is unable to 14 obtain due to the destruction of New York grown apples by a natural 15 disaster, act of God, or continuing adverse weather condition as deter- 16 mined by the commissioner of agriculture and markets pursuant to this 17 subdivision. For purposes of this subdivision, the department of agri- 18 culture and markets and the authority are authorized to adopt rules and 19 regulations as they may deem necessary to carry out the provisions of 20 this subdivision which shall include ensuring that in manufacturing 21 cider farm breweries utilize apples grown in New York state to the 22 extent they are reasonably available, prior to utilizing apples from an 23 out-of-state source for such purpose. 24 § 3. Paragraph (b) of subdivision 11 of section 58-c of the alcoholic 25 beverage control law, as added by chapter 384 of the laws of 2013, is 26 amended to read as follows: 27 (b) In the event that the commissioner of agriculture and markets, 28 after investigating and compiling information pursuant to subdivision 29 forty-two of section sixteen of the agriculture and markets law, deter- 30 mines that a natural disaster, act of God, or continued adverse weather 31 condition has destroyed [much] at least thirty percent of the apple crop 32 necessary for producing cider, such commissioner, in consultation with 33 the chairman of the authority, may give authorization to a duly licensed 34 farm cidery to manufacture or sell cider produced from such apples 35 designated as necessary for producing cider and grown outside this 36 state. No such authorization shall be granted to a farm cidery licensee 37 unless such licensee certifies to such commissioner the quantity of such 38 New York grown apples designated as necessary for producing cider 39 unavailable to such licensee due to such natural disaster, act of God, 40 or continuing adverse weather condition and satisfies such commissioner 41 that reasonable efforts were made to obtain such apples from a New York 42 state source for such cider making purpose. No farm cidery shall utilize 43 an amount of out-of-state grown apples exceeding the amount of New York 44 grown apples that such cidery is unable to obtain due to the destruction 45 of New York grown apples by a natural disaster, act of God, or continu- 46 ing adverse weather condition as determined by the commissioner of agri- 47 culture and markets pursuant to this subdivision. For purposes of this 48 subdivision, the department of agriculture and markets and the authority 49 are authorized to adopt rules and regulations as they may deem necessary 50 to carry out the provisions of this subdivision which shall include 51 ensuring that in manufacturing cider farm cideries utilize apples grown 52 in New York state to the extent they are reasonably available, prior to 53 utilizing apples from an out-of-state source for such purpose. 54 § 4. Subdivisions 6, 7, 8, 9, 10 and 11 of section 76-a of the alco- 55 holic beverage control law are renumbered subdivisions 7, 8, 9, 10, 11 56 and 12 and a new subdivision 6 is added to read as follows:A. 10199 3 1 6. (a) Except as provided in paragraph (b) of this subdivision, no 2 licensed farm winery shall manufacture or sell any cider other than New 3 York state labeled cider. 4 (b) In the event that the commissioner of agriculture and markets, 5 after investigating and compiling information pursuant to subdivision 6 forty-two of section sixteen of the agriculture and markets law, deter- 7 mines that a natural disaster, act of God, or continued adverse weather 8 condition has destroyed at least thirty percent of the apple crop neces- 9 sary for producing cider, the commissioner of agriculture and markets, 10 in consultation with the chairman of the authority, may give authori- 11 zation to a duly licensed farm winery to manufacture or sell cider 12 produced from such apples designated as necessary for producing cider 13 and grown outside this state. No such authorization shall be granted to 14 a farm winery licensee unless such licensee certifies to the commission- 15 er of agriculture and markets the quantity of such New York state apples 16 designated as necessary for producing cider unavailable to such licensee 17 due to such natural disaster, act of God, or continuing adverse weather 18 condition and satisfies the commissioner of agriculture and markets that 19 reasonable efforts were made to obtain such apples from a New York state 20 source for such cider making purpose. No farm winery shall utilize an 21 amount of out-of-state grown apples exceeding the amount of such desig- 22 nated New York grown apples that such cidery is unable to obtain due to 23 the destruction of New York grown apples by a natural disaster, act of 24 God, or continuing adverse weather condition as determined by the 25 commissioner of agriculture and markets pursuant to this subdivision. 26 For purposes of this subdivision, the department of agriculture and 27 markets and the authority are authorized to adopt rules and regulations 28 as they may deem necessary to carry out the provisions of this subdivi- 29 sion which shall include ensuring that in manufacturing cider farm 30 cideries utilize apples grown in New York state to the extent they are 31 reasonably available, prior to utilizing apples from an out-of-state 32 source for such purpose. 33 (c) The commissioner of agriculture and markets shall make available 34 to farm wineries and to the public each specific apple loss determi- 35 nation issued pursuant to paragraph (b) of this subdivision on or after 36 August twentieth of each year. 37 (d) In the event that the continuing effects of a natural disaster, 38 act of God, or adverse weather condition which occurred prior to August 39 twentieth of each year or the effects of a natural disaster, act of God, 40 or adverse weather condition which occurs subsequent to August twentieth 41 of each year results in any apple crop loss which meets the standards 42 provided in paragraph (b) of this subdivision, the commissioner of agri- 43 culture and markets, in consultation with the chairman of the authority, 44 may issue additional apple crop loss determinations and shall expe- 45 ditiously make available to farm wineries and to the public the loss 46 determination issued pursuant to this paragraph prior to October tenth 47 of each year. 48 § 5. Subparagraph (D) of paragraph 1 of subdivision (i) of section 49 1136 of the tax law, as added by section 3 of part J of chapter 59 of 50 the laws of 2020, is amended to read as follows: 51 (D) Notwithstanding the provisions of subparagraph (C) of this para- 52 graph, a person operating pursuant to any of the following licenses 53 shall not be subject to any of the requirements of this subdivision: (i) 54 a farm winery license, as provided in section seventy-six-a of the alco- 55 holic beverage control law; (ii) a winery license, as provided in 56 section seventy-six of the alcoholic beverage control law, where theA. 10199 4 1 number of gallons of wine, cider and mead produced annually by such 2 person does not exceed the annual limits on the number of finished 3 gallons of wine, cider and mead permitted to be produced by a farm 4 winery under subdivision [eight] nine of section seventy-six-a of the 5 alcoholic beverage control law; (iii) a farm distillery license, as 6 provided in subdivision two-c of section sixty-one of the alcoholic 7 beverage control law; (iv) a distiller's license, as provided in section 8 sixty-one of the alcoholic beverage control law, where the number of 9 gallons of liquor produced annually by such person does not exceed the 10 annual limits on the number of gallons of liquor permitted to be 11 produced by a farm distillery under paragraph (f) of subdivision two-c 12 of section sixty-one of the alcoholic beverage control law; (v) a farm 13 cidery license, as provided in section fifty-eight-c of the alcoholic 14 beverage control law; (vi) a cider producers' license, as provided in 15 section fifty-eight of the alcoholic beverage control law, where the 16 number of gallons of cider produced annually by such person does not 17 exceed the annual limits on the number of gallons of cider permitted to 18 be produced by a farm cidery under subdivision ten of section fifty- 19 eight-c of the alcoholic beverage control law; (vii) a farm brewery 20 license, as provided in section fifty-one-a of the alcoholic beverage 21 control law; (viii) a brewer's license, as provided in section fifty-one 22 of the alcoholic beverage control law, where the number of finished 23 barrels of beer, cider and braggot produced annually by such person does 24 not exceed the annual number of finished barrels of beer, cider and 25 braggot permitted to be produced by a farm brewery under subdivision ten 26 of section fifty-one-a of the alcoholic beverage control law; (ix) a 27 farm meadery license, as provided in section thirty-one of the alcoholic 28 beverage control law; or (x) a mead producers' license, as provided in 29 section thirty of the alcoholic beverage control law, where the number 30 of gallons of mead and braggot produced annually by such person does not 31 exceed the annual number of finished barrels of mead and braggot permit- 32 ted to be produced by a farm meadery under subdivision ten of section 33 thirty-one of the alcoholic beverage control law. Nothing in this 34 subparagraph shall exempt a person operating pursuant to multiple 35 licenses under the alcoholic beverage control law from the requirements 36 of subparagraph (C) of this paragraph if such person produces an amount 37 of any alcoholic beverage in excess of the amounts permitted to be 38 produced annually by a person who holds only a farm winery, farm cidery, 39 farm distillery, farm brewery or farm meadery license for such beverage, 40 nor shall this section exempt any person holding a wholesalers' license 41 under the alcoholic beverage control law from the requirements of 42 subparagraph (C) of this paragraph. 43 § 6. This act shall take effect immediately.
