BILL NUMBER: S9232
SPONSOR: MAY
 
TITLE OF BILL:
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
 
PURPOSE OF THE BILL:
This proposed bill amends both ABC law and AGM law to provide crop loss
determination equity for farm wineries, to provide equal treatment for
all producers licensed to produce New York labeled cider.
 
SUMMARY OF PROVISIONS:
AML Section 42(16) would be amended by adding investigation and determi-
nation by the Department of Agriculture and Markets of crop losses for
the crop of apples used in the production of cider by farm wineries and
farm breweries pursuant to Section 76-a(5) and 51-a(12), respectively,
of the alcoholic beverage control law. (Section 1)
ABC law Section 58-c(11)b) law would be amended to change the standard
used to determining crop loss for farm cideries - replacing the existing
requirement for finding a loss of "much" of the apple crop necessary for
the production of cider with language requiring a finding a loss of "at
least 30" percent of apple crop necessary to produce cider. (Section 3)
ABC law Section 514(120) would be amended to conform the crop loss
provisions for farm breweries to those provided for farm cideries in ABC
law Section 58-c(11Xb). (Section 2)
ABC law Section 764 would be amended to add a new subparagraph 6, which
would provide to farm wineries the same provisions provided to farm
cideries and farm breweries with respect to crop loss provisions for
apples necessary to produce cider. Currently existing subparagraphs 6
through 11 are renumbered as paragraphs 7 through 12. (Section 4)
 
JUSTIFICATION:
Currently, farm breweries and farm cideries can utilize a crop loss
determination to purchase out of state product to make New York labeled
cider if the Commissioner of the Department of Agriculture and Markets
and the Chairman of the State Liquor Authority grant authorization due
to a natural disaster or adverse weather conditions, provided that the
fann cidery or farm brewery is unable to source such apples from New
York State growers. This proposed amendment would extend this protection
to farm wineries, also licensed to produce New York labeled cider.
This proposed bill also would amend the ABC law to more clearly specify
the degree of loss that could trigger a crop loss determination. This
bill changes the required loss caused by a weather-related or other
natural disaster from "much" of the apple crop to "at least 30 patent"
of the apple crop necessary to produce cider. This would allow the agen-
cies involved to move forward with a determination if the threshold was
clearly met.
The recent freeze event in May 2023 brought this disparity in statute to
light through impacted farm wineries and breweries that also operate
cideries. This will allow farmers greater flexibilities with potential
extreme weather events that may impact crop production.
 
PRIOR LEGISLATIVE HISTORY:
This proposal has not been submitted previously.
 
FISCAL IMPLICATIONS:
No known fiscal implications.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9232: 51-a alcoholic beverage control law, 51-a(12) alcoholic beverage control law, 58-c alcoholic beverage control law, 58-c(11) alcoholic beverage control law, 1136 tax law