Who Can Label Liquor As “New York State?”

In accordance with the Alcoholic Beverage Control Law (“ABCL”) Section 3(20-c), liquor labeled as “New York State” must consist of a minimum of 75% by volume of New York-grown fruits, vegetables, grain and grain products, honey, maple sap, or other agricultural products grown or produced within New York State.

Traditional distillers, which hold full distiller licenses (as opposed to farm distillery licenses), are required to include at least 75% by volume of New York-grown agricultural products to use “New York State” on a spirits label. Although these distilleries are allowed to entirely use agricultural products from outside of New York State, any liquor labeled as “New York State” must comprise a minimum of 75% by volume of New York-grown fruits, vegetables, grain and grain products, honey, maple sap, or other agricultural products. Under ABCL Section 103(7), traditional distillery licensees in New York State must maintain comprehensive records and documentation demonstrating their compliance with this statutory standard.

On the other hand, liquor produced by New York State-licensed farm distilleries (commonly known as the Class D license) must be primarily derived from farm and farm products grown or produced in New York State. New York State farm distilleries may only produce liquor that meets this requirement. Farm or farm products encompass fruits, vegetables, grain and grain products, honey, maple sap, or other agricultural products. The term “primarily” is interpreted by the New York State Liquor Authority (NYSLA) to mean at least 75% by volume. In essence, New York farm distilleries are obligated to use a minimum of 75% of New York State-grown or produced farm products in their liquor products. Farm distillery licensees in New York State must comply with ABCL 103(7) by maintaining thorough records and documentation validating their adherence to this statutory standard.

How Can Lindsey Zahn P.C. Assist Your New York State Distillery?

Lindsey Zahn P.C. can assist your New York State distillery in applying for federal permits and state licenses. We can guide your business in determining whether a traditional distillery license or farm distillery license is the optimal choice for your business. Furthermore, we can address a variety of regulatory compliance questions and concerns on both the federal and state levels. For more information and helpful tips on applying for a distilled spirits plant permit, see our blog entry Important Considerations for Obtaining a Federal TTB Basic Winery Permit, Distilled Spirits Plant Permit, or Brewer’s Notice.

To learn more about how Lindsey Zahn P.C. can support your distillery, please reach out for an introductory discussion at info@zahnlawpc.com.