Governor gives final OK for direct shipping to consumers for NY spirits, cider

Posted 19 August 2024 at 2:51 pm

Press Release, Gov. Kathy Hochul’s Office

 Governor Kathy Hochul signed landmark legislation S.2852A/A.3132A that allows New York’s small craft manufacturers of spirits, cider, and mead to ship directly to consumers.

The newly signed law opens significant opportunities for the state’s growing craft beverage industry by providing a vital market expansion tool—allowing these producers to ship their unique products directly to consumers within New York and across state lines.

“New York’s craft manufacturers create distinctive, world-class products that deserve a broader audience,” Governor Hochul said. “This legislation levels the playing field, allowing these small producers to reach new markets and foster economic growth across the state. With this new law, we are ensuring that New York remains a national leader in craft beverages, continuing to support our local businesses, tourism, and agriculture.”

Expanding Market Access for Craft Producers

New York’s craft cider and spirit producers often struggle to gain access to traditional wholesale distribution channels, placing these smaller manufacturers at a competitive disadvantage, as their products are less likely to reach licensed retailers and consumers. Direct-to-consumer shipping offers an essential new outlet for these smaller producers, enabling them to build brand loyalty by connecting directly with consumers who want to enjoy the unique products that define New York’s craft beverage industry. For consumers, the new law means greater access to high-quality New York-made products, driving demand for the state’s craft beverages both locally and nationally.

This expansion of market access is particularly significant as New York is home to the largest number of craft cideries in the nation and ranks second in the U.S. for the number of distilleries. By allowing these manufacturers to ship directly to consumers, New York strengthens its position as a leader in the craft beverage industry while supporting the state’s broader agricultural economy.

This legislation also represents a milestone for parity for New York’s spirits and cider producers, who have long advocated for the same privileges that wine manufacturers have enjoyed for nearly two decades, while providing safeguards against underage access to alcohol and ensuring proper tax collection by mirroring the responsible sales and delivery practices established under the DTC wine shipping laws.

Temporary Covid-19 Relief Now Permanent

During the Covid-19 pandemic, New York craft manufacturers of spirits and cider were granted temporary DTC shipping privileges to help them survive the economic downturn. This temporary measure proved highly successful, with no recorded violations, demonstrating that direct shipping can be done safely and responsibly. The new law permanently codifies this privilege, allowing small craft manufacturers to continue growing their businesses by reaching customers both within and outside of New York.

New York State Liquor Authority Chair Lily Fan said, “This legislation will hopefully support the long-term survival and create another growth spurt of New York’s vibrant craft and farm alcohol producers. I am immensely proud that our agency is able to support our manufacturing licensees in obtaining this long-sought change, which would allow them to directly touch their consumers and build brand loyalty in a meaningful manner.”

 New York State Agriculture Commissioner Richard A. Ball said, “This legislation provides our distilleries and cideries with tremendous opportunity for growth that will have a ripple effect on our economy. With the most cideries and the second-most distilleries in the nation, New York State is committed to continuing to support these small businesses, who ultimately also help provide a boost to our farmers as well. By opening up the direct-to-consumer shipping option, producers can reach even more customers and consumers have an opportunity to discover a new, favorite New York beverage.”

The new law takes effect in 90 days, just in time for the upcoming holiday season, allowing consumers to explore and enjoy New York’s world-class craft spirits, cider and mead from the comfort of their own homes.

New York Farm Bureau President David Fisher said, “We are excited for our farm distillers and farm cideries who will now be able to expand their market by shipping their products directly to consumers. This is a lifeline for many struggling distilleries and cideries throughout the state. This will help strengthen the fruit, grain and potato industry in New York and is a huge win for agriculture.”