What is New York State Labeled Beer?

Per Alcoholic Beverage Control Law (“ABCL”) Section 3(20-d), New York State labeled beer presently must be made with no less than 60% by weight of its hops grown in New York State and no less than 60% by weight of all of its other ingredients (excluding water) grown in New York State. This standard is in force through December 31, 2028.

After that date (i.e., from January 1, 2029 onward), New York State labeled beer must be made with no less than 90% by weight of its hops grown in New York State and no less than 90% by weight of all of its other ingredients (excluding water) grown in New York State.

To summarize:

• Now through December 31, 2028: no less than 60% by weight of New York State grown hops; no less than 60% by weight of all of its other ingredients (excluding water) grown in New York State.
• January 1, 2029 onward: no less than 90% by weight of New York State grown hops; no less than 90% by weight of all of its other ingredients (excluding water) grown in New York State.

Beer produced by traditional breweries in New York State (i.e., those with a full brewery license, not farm or microbrewery licenses) must currently contain at least 60% by weight of New York-grown hops and no less than 60% by weight of all other ingredients (excluding water) grown in New York State to be labeled as “New York State” beer. Traditional breweries in New York State can also produce beer that does not meet this standard, but such beer cannot be labeled as New York State beer. Licensees holding a traditional brewery license in New York State are required under ABCL Section 103(7) to maintain comprehensive books, records, and documentation to demonstrate that any New York State-labeled beer conforms to these statutory standards.

Similarly, all beer produced by New York State-licensed farm breweries must meet these standards (i.e., at least 60% by weight of New York State-grown hops and no less than 60% by weight of all other ingredients, excluding water, grown in New York State). Farm breweries in New York State are only permitted to produce beer that meets these requirements. Farm brewery licensees must also maintain adequate records and documentation as required under ABCL Section 103(7) to verify compliance.

How can Lindsey Zahn P.C. assist with your New York State brewery or farm brewery 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).