Page 48 - Beverage Media - December 2012
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48
Beverage Media
December 2012
know
the
law
N
ew York has been declared
a disaster area. Those who
suffered damage as a result
of Hurricane Sandy may
be entitled to federal assistance. You
can investigate and apply for assistance
at
.
You can also call 1-800-FEMA (3362).
Speech or hearing-impaired individuals
can call 1-800-462-7585. You can also
follow FEMA online at blog.fema.gov,
,
.
com/fema, and
.
In addition, the Small Business Associ-
ation is offering loan assistance at www.
sba.gov/content/applying-disaster-loan.
Wine, Beer and Spirits Summit
In Albany, on October 24
th
,
Governor
Cuomo chaired a summit of industry
members. He called together repre-
sentatives from New York wineries,
distilleries, cider producers and brew-
eries. For two hours, industry mem-
bers praised Chairman Dennis Rosen
for the cooperation received from the
State Liquor Authority; thanked the
Governor for his interest in the In-
dustry; and provided their wish list for
changes to New York’s laws, rules and
regulations. They argued the imple-
mentation of their proposed changes
would provide immediate stimulation
to the local economy.
During a lunch break, Governor
Cuomo and Chairman Rosen discussed
industry Members’ comments and prom-
ised both long term and immediate re-
lief. Along with the promise to continue
his dialogue with the Industry and ad-
ditional funds to spur tourism, Governor
Cuomo and Chairman Rosen promised
prompt regulatory reform.
Prompt Reformwas
Promised and Delivered
On October 25
th
,
the New York State
Liquor Authority met and issued four
new Advisories:
Advisory 2012-9 extends eligibility
for a wine and beer permit to licensed
wineries that produce less than 150,000
gallons of wine per year, licensed brew-
eries that manufacture less than 60,000
barrels of beer per year, and cider manu-
facturers. Advisory 2012-8 allows hold-
ers of temporary beer and wine permits
to sell cider purchased from licensed
cider producers, cider wholesalers, farm
wineries and farm breweries. Before this
new Advisory, only wine and beer could
be sold under the permit.
The new Advisory 2012-11 reduces
the documents which must be submitted
with an application to manufacture bev-
erage alcohol. New Advisory 2012-10
permits multiple manufacturing licens-
es, either for the same entity or differ-
ent entities for the same location. This
change has the potential to significantly
impact beverage alcohol manufacturers
in New York because it will allow the
use of a common facility for the manu-
facture of wine, beer and spirits. How-
ever, Licensees are cautioned to check
the federal rules before proceeding. Be-
cause wine, beer and spirits are taxed at
different rates, the TTB restricts the use
of common facilities. All licensees must
comply with both state and federal law.
Advisory 2012-7 replaces Advisory
2012-4.
The new advisory changes the
name of the recently added Suppliers
Permit to the Supplier/Wholesaler Mar-
keting Permit.
Without additional permits, a li-
censed farm brewer may conduct on its
licensed premise, tastings of New York
Labeled beer or cider produced by it or
another New York farm brewery produc-
er. Farm distillers may conduct tastings
of New York Labeled liquor produced at
the distillery or by another licensed dis-
tiller or farm distiller. To be a New York
Labeled beverage a statutory minimum
of the ingredients (excluding water)
used to brew or distill the beverage must
have been grown in New York.
In addition, without an additional
permit, licensed brewers may conduct
tastings of the products they make on its
licensed premise and wine wholesalers
may conduct tastings of wine that they
sell on their licensed premise.
Governor’s Summit Brings Fast Action
Plus Sandy Relief & More on Marketing Permits
By Keven Danow
Marketing Permits will allow manufacturers,
importers and wholesalers to conduct
tastings, and in the case of manufacturers
and importers, to accept orders on behalf
of New York licensed wholesalers.
