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.
                                                                   LBD14205-02-4

        A. 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 the

        A. 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.
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