There is not a separate definition for malt beverages in the New York Alcohol Beverage Control Law. Malt beverages are included within the definition of “Beer”: any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefore. The federal alcohol labeling regulation states:
”Malt Beverage” is the general name given in the Federal alcohol labeling regulations for all products made at a brewery with malted barley and hops. It includes things like beer, ale, lager, flavored malt beverages, and even “near beer.”
“New York State labelled beer” means:
(a) through December 31, 2018: beer made with no less than twenty percent, by weight, of its hops grown in New York state and no less than 20%, by weight, of all of its other ingredients, excluding water, grown in New York state;
(b) from January 1, 2019-December 31, 2023, beer 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; and
(c) After January 1, 2024, beer 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.
Malt beverages in the off-premises market extend much farther than traditional beer. Malt Products include: Bud Light Lime Stra-Ber-Rita, Mike’s Hard Lemonade, Smirnoff Mixed Drinks, Seagrams Escapes, Smirnoff Ice, Magnum 40, Mickey’s, Colt 45, Crazy Stallion, Red Horse Malt Liquor, High Torque 7, Camo Black Extra, Rainier Ale, Yeti Special Export, Clear Creek Ice, Champale Golden, Axe Head Malt Liquor, St. Ides and others.