Section 3 (20-d) of the Alcoholic Beverage Control Law (“ABCL”) defines “New York State labelled beer.” Until December 31, 2018, at least 20% (by weight) of the hops, and at least 20% (by weight) of all other ingredients excluding water, used to make the beer must be grown in New York state.

Brewery licensees are reminded that while they may import out-of state beer and ingredients for manufacturing purpose, they may not represent any beer as “New York state labelled beer” unless that beer meets the standard set forth in ABCL section 3(20-d). As part of the licensee’s obligation under ABCL Section 103(7) to maintain adequate books and records, breweries should maintain documentation to demonstrate that any New York state labelled beer produced by the licensee conforms to the statutory standard.

Farm Brewery licensees are reminded that they may only produce beer that meets the definition of “New York state labelled beer” absent a declaration from the Commissioner of the Department of Agriculture and Markets permitting the use of out-of-state agricultural products because of a natural disaster, act of God or adverse weather conditions. The standards contain in that definition apply to each beer produced by the farm brewery, and not the farm brewery’s overall use of ingredients in all of its beer. As part of the licensee’s obligation under ABCL Section 103(7) to maintain adequate books and records, farm breweries should maintain documentation to demonstrate that any beer produced by the licensee conforms to the statutory standard.