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S1999

An act to amend the Alcoholic Beverage Control Law — 2024-03-05 · Calendar #149

The New York State Senate passed legislation Tuesday allowing cider producers to ship their products directly to consumers, a measure that has now cleared the chamber six times. Senate Print 1999, sponsored by Sen. May, aims to address what supporters characterized as an unfair competitive disadvantage facing New York cideries compared to producers in Washington and Oregon who already have direct-to-consumer shipping rights. The bill passed on a 62-0 vote. During floor debate, Sen. Skoufis expanded the discussion beyond cider to highlight similar restrictions affecting distilleries and other small manufacturers across the state, calling for wholesale legislative action to allow small producers to survive and thrive through direct-to-consumer sales. An amendment by Sen. Oberacker that would have provided toll exemptions for farmers transporting agricultural products was ruled nongermane by the Acting President. Oberacker appealed the ruling, arguing both the bill and his amendment dealt with agricultural product transportation, but the appeal was rejected on a show of hands vote of 20 ayes. The bill now heads to the Assembly, where supporters hope it will finally be enacted after multiple passages in the Senate.
PASSED Ayes: 62 · Nays: 0

Debate Summary

The bill addresses direct-to-consumer shipping of cider products. Sen. May explained that New York cider producers are at a disadvantage compared to Washington and Oregon producers who can ship directly to consumers, and that this bill would help cideries access markets. Sen. Skoufis supported the bill and noted the broader issue of direct-to-consumer shipping restrictions affecting distilleries and other small manufacturers across the state. An amendment proposed by Sen. Oberacker regarding toll exemptions for farmers transporting agricultural products was ruled nongermane by the Acting President and the ruling was upheld on appeal.

Amendments

Sponsor Description Outcome
Sen. Oberacker Amendment to provide farmers with an exemption from tolls when transporting agricultural products to New York City, arguing both the bill and amendment deal with transportation of agricultural products (cider and farm products respectively) defeated

An act to amend the Alcoholic Beverage Control Law — 2023-04-26 · Calendar #593

The New York State Senate passed legislation Tuesday that would allow the state's hard-cider producers to ship products directly to consumers online, bringing them into parity with wineries under state law. Senate Print 1999, sponsored by Sen. May, amends the Alcoholic Beverage Control Law to remove restrictions on direct-to-consumer shipment for cideries. The bill passed on a 61-0 vote. Sen. May argued that New York's cideries currently operate at a disadvantage compared to out-of-state competitors in California, Washington, Oregon and Vermont, which can sell directly to New York consumers under winery licenses. New York is the nation's second-largest apple-producing state with over 100 hard-cider producers generating an estimated $1.7 billion in annual economic impact. Sen. May noted the policy was successfully implemented during the early pandemic years, demonstrating it can work without complications. The bill now heads to the Assembly for consideration.
PASSED Ayes: 61 · Nays: N/A

Debate Summary

Sen. May argued that New York's hard-cider producers operate at a competitive disadvantage compared to out-of-state cideries because they cannot ship directly to consumers online, while wineries can. She noted that New York has over 100 hard-cider producers with an estimated $1.7 billion annual economic impact, and that the bill would allow direct-to-consumer shipment. Sen. May cited successful implementation of this policy during the early pandemic years as evidence the measure would work without complications.