By Steve Barnes | Times Union, Albany
Albany, N.Y. — Starting in November, New York consumers of spirits, hard cider and mead will be able to have the products shipped directly to their homes, making permanent a pandemic-era allowance that was considered a lifeline for the alcohol industry in New York.
The measure, signed over the weekend by Gov. Kathy Hochul and effective after 90 days, expands the variety of alcoholic beverages that may be shipped to customers within the state and between New York manufacturers and buyers in the eight states and the District of Columbia with reciprocal shipping agreements with New York. Similarly, New York residents may receive shipments of alcohol only from makers in those nine jurisdictions. Previously, consumers could order only wine and beer for delivery from manufacturers. Spirits, cider and mead could be shipped directly from March 2020 to June 2021 under emergency pandemic provisions that lapsed.
“This legislation levels the playing field, allowing these small producers to reach new markets and foster economic growth across the state,” Hochul said in a statement accompanying the announcement of the new law.
“The establishment of this new channel of trade will position New York farm cideries to continue supporting the Empire State’s extraordinary orchards and farms,” Sonia del Peral, owner of Nine Pin Cider in Albany, said in a statement. Founded in 2012 in the city’s warehouse district, Nine Pin was the first farm cidery licensed in the state under a then-new law.
According to state figures, New York is home to the most craft cideries in the nation and ranks second nationwide for the number of distilleries.
State Sen. James Skoufis, a Hudson Valley Democrat who has been a leader in alcohol reform for years, said in a statement, “I fought hard for the passage of this bill ... because I want New York’s craft beverage industry and all the intrepid farmers, producers and small business owners to do more than survive in a post-pandemic landscape; I want them to thrive.”
Jesse Sommer, founder of New Scotland Spirits, which has a tasting room on Lark Street, said he appreciates the potential for new customers. But, he said, because of factors including the logistics and expense of shipping, “I doubt I’ll be able to take advantage of the promise” of the new law and will continue to focus on expanding retail availability in restaurants and shops. The company’s vodka and multiple types of whiskey are sold in more than 300 stores in 32 New York counties, he said.
Opponents of the law argued that it would threaten pubic health and increase the risk of underage drinking. Advocates argued that “(t)here is no reasonable basis in fact for any of these concerns,” and the announcement from Hochul’s office noted that when direct shipping was allowed during the pandemic. “This temporary measure proved highly successful, with no recorded violations, demonstrating that direct shipping can be done safely and responsibly.”
Restrictions on manufacturers stipulate they may ship no more than 36 cases of products they make, at a maximum of 9 liters per case, per customer per year, for private consumption only, not resale. A special shipping license first must be approved by the State Liquor Authority. Also, only distilleries producing less than 75,000 gallons per year may engage in direct-to-consumer shipping of spirits.
New York has reciprocity agreements for shipping of spirits, cider and mead with Alaska, Arizona, Kentucky, Nebraska, New Hampshire, North Dakota, Rhode Island, Vermont and Washington, D.C.
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