What is a New York State farm cidery license?
The New York State farm cidery license, as defined by Article I, § 3 of the Alcoholic Beverage Control Act, includes “any place or premises, located on a farm in New York state, in which New York state labelled cider is manufactured, stored and sold, or any other place or premises in New York state in which New York state labelled cider is manufactured, “stored and sold.” For more information on what New York State labeled cider is, see our post What is New York State Labeled Cider?
If your farm is in New York State and you are considering applying for a cidery license, the farm cidery license may be a great option, provided your cider production stays within specified limits. It’s crucial to note that a farm cidery license requires that cider be manufactured or sold on an actual farm in New York.
New York law caps farm cidery licensees at a maximum of 250,000 finished gallons of cider per year. If your production meets these limits, there are several compelling reasons to opt for a farm cidery license over a full cider producer license.
What are the benefits of obtaining a New York State farm cidery license?
Many New Yorkers in the cider business opt for the farm cidery license for several reasons. Primarily, the state license fee for a farm cidery license is significantly lower and does not require a surety bond.
Additionally, a New York State farm cidery license allows the licensee to conduct tastings of cider produced by the licensee or any other farm cidery in New York at the licensed premises (with some limitations). Further, a farm cidery license permits the licensee to sell to New York-licensed wholesalers and retailers, similar to a full cidery license. The licensee can also sell its cider in bulk to any company licensed in New York as a manufacturer of alcoholic beverages (such as distilleries, breweries, and wineries). Finally, license allows for the delivery of cider to individuals outside New York State, provided it complies with the laws of the destination state.
Additional benefits include:
- Conduct tastings and sell at retail for off-premises consumption New York State-labeled beer, wine, or liquor (with some limitations).
- Operate up to five branch stores within the state.
What are some limitations of the New York State farm cidery license?
The New York State farm cidery license prohibits the licensee from manufacturing and selling cider not made exclusively from apples or other pome fruits grown in New York State. This is a critical consideration for potential applicants. As business needs can evolve, it is essential for applicants to consider precisely how their products will be produced when applying for a license through the NYSLA.
Additionally, applicants for a farm cidery license must ensure that their cider is produced or sold on an actual farm located within New York State.
Finally, the state’s legal definition of cider is fairly limited. It is ideal to discuss your potential operational needs with your legal counsel before determining whether or not the New York State farm cidery license is the best option for your company.
For more information on how Lindsey Zahn P.C. can assist your company with a farm brewery license, contact us at info@zahnlawpc.com or (929) ZAHNLAW (929-924-6529).
How can Lindsey Zahn P.C. assist with your New York State farm cidery license?
Lindsey Zahn P.C. is a firm that focuses on alcohol beverage law and has represented a multitude of clients before alcohol beverage agencies, ranging from wineries to breweries to distilleries to importers to wholesalers and beyond. The firm has experience working on applications for startups to multinational conglomerates and with drafting brand new permit applications as well as drafting amendments. Our experience also extends to labeling, formulations, excise taxes, trade practices, and beyond.
Contact Lindsey Zahn P.C. to schedule an introductory meeting to discuss your needs and products and to learn more about how we can help: info@zahnlawpc.com or (929) ZAHNLAW (929-924-6529).