S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1959

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. MAGEE, LUPARDO -- Multi-Sponsored by -- M. of A.
  CLARK -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the alcoholic bever-
  age control law, in relation to providing that food processing  estab-
  lishments shall include the operation of home wine makers centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 4 of section 251-z-2 of the  agriculture
and  markets law, subdivision 3 as amended by chapter 507 of the laws of
1973 and subdivision 4 as added by chapter 863 of the laws of 1972,  are
amended and a new subdivision 5 is added to read as follows:
  3.  The  term  "food  processing  establishment" means any place which
receives food or food products for the purpose of processing  or  other-
wise  adding  to the value of the product for commercial sale, AND THOSE
PLACES LICENSED AS HOME WINE MAKERS CENTERS THAT PRODUCE WINE  FOR  HOME
CONSUMPTION AND NOT FOR COMMERCIAL SALE.  It includes, but is not limit-
ed to, bakeries, processing plants, beverage plants [and], food manufac-
tories,  AND  HOME  WINE  MAKERS  CENTERS.    However, the term does not
include: those establishments that process and manufacture food or  food
products  that  are  sold  exclusively  at retail for consumption on the
premises; those operations which cut meat and sell such meat  at  retail
on  the premises; bottled and bulk water facilities; those food process-
ing establishments which are covered by articles four, [four-a,  five-a,
five-b,  five-c,  five-d,  seventeen-b,] FOUR-A, FIVE-A, FIVE-B, FIVE-C,
FIVE-D, SEVENTEEN-B, nineteen[, twenty-b,] and twenty-one of this  chap-
ter;  service  food establishments, including vending machine commissar-
ies, under permit and inspection by the [state] department of health  or
by  a  local  health  agency  which  maintains  a  program certified and
approved by the [state] commissioner  of  health;  establishments  under
federal  meat,  poultry  or  egg  product  inspection; or establishments

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05308-01-3

A. 1959                             2

engaged solely in the harvesting, storage, or  distribution  of  one  or
more   raw   agricultural  commodities  which  are  ordinarily  cleaned,
prepared, treated or otherwise processed before being  marketed  to  the
consuming public.
  4. The term "processing" means processing foods in any manner, such as
by  manufacturing,  canning,  preserving, freezing, drying, dehydrating,
juicing, pickling, baking, brining, bottling, packing, repacking, press-
ing, waxing, heating or cooking, or otherwise treating food  in  such  a
way  as  to  create  a risk that it may become adulterated if improperly
handled, OR THE FERMENTATION OF FRUIT, AS DEFINED IN SUBDIVISION NINE OF
SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF THIS ARTICLE INTO WINE,  FOR
HOME CONSUMPTION, UPON THE PREMISES OF A HOME WINE MAKERS CENTER.
  5.  THE  TERM "WINE MAKERS CENTER" MEANS ANY PLACE WHERE AN INDIVIDUAL
PAYS A FEE TO USE SPACE AND EQUIPMENT FOR THE PURPOSE OF MAKING WINE FOR
PERSONAL HOUSEHOLD USE AND NOT FOR RESALE.
  S 2. Section 251-z-13 of the agriculture and markets  law,  as  renum-
bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
and a new section 251-z-13 is added to read as follows:
  S  251-Z-13.  HOME  WINE  MAKERS  CENTERS.  1.  THE PROVISIONS OF THIS
SECTION SHALL APPLY TO HOME WINE MAKERS CENTERS IN ADDITION TO ANY OTHER
PROVISION OF THIS ARTICLE.  THE OPERATION OF HOME  WINE  MAKERS  CENTERS
SHALL  BE  SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND THE SUPERVISION
OF THE DEPARTMENT.  PROVIDED, HOWEVER, THAT THE DEPARTMENT  MAY  CONSULT
WITH  THE  STATE  LIQUOR AUTHORITY BEFORE ISSUING SUCH LICENSE TO ENSURE
COMPLIANCE WITH THE ALCOHOLIC BEVERAGE CONTROL LAW.
  SUCH OPERATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE ALCOHOLIC
BEVERAGE CONTROL LAW OR THE JURISDICTION OF THE STATE LIQUOR  AUTHORITY,
UNLESS SPECIFICALLY PROVIDED IN THIS ARTICLE.
  2. EVERY HOME WINE MAKERS CENTER SHALL BE LICENSED BY THE COMMISSIONER
TO  PROVIDE,  FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE FACILITIES FOR
THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT
FOR RESALE IN ACCORDANCE WITH FEDERAL LAW, RULES AND REGULATIONS AUTHOR-
IZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR FAMILY USE.
  3. EVERY PERSON ENGAGING IN THE PRODUCTION OF  WINE  AT  A  HOME  WINE
MAKERS CENTER:
  (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER;
  (B)  SHALL BE LIMITED TO PRODUCING NOT MORE THAN FIFTY GALLONS OF WINE
DURING ANY CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR  MORE  OTHER
PERSONS  WHO  ARE TWENTY-ONE YEARS OF AGE RESIDING IN THE SAME HOUSEHOLD
AS SUCH PERSON, AND ALL OTHER SUCH PERSONS IN  THE  SAME  HOUSEHOLD  MAY
PRODUCE  AN  AGGREGATE  OF NOT MORE THAN ONE HUNDRED GALLONS OF WINE FOR
THE HOUSEHOLD DURING ANY CALENDAR YEAR;
  (C) MAY REMOVE THE WINE HE OR SHE PRODUCES AT  THE  HOME  WINE  MAKERS
CENTER  FOR  THE  PURPOSE  OF PERSONAL USE, INCLUDING USE IN CONTESTS OR
TASTINGS;
  (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE;
  (E) SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH  CALENDAR
YEAR;
  (F)  MAY  JOINTLY  PRODUCE  WINE  WITH PERSONS RESIDING IN A DIFFERENT
HOUSEHOLD OR HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE  IS  WITHIN
THE  QUANTITY  LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES AND REGU-
LATIONS;
  (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE;
  (H) SHALL USE FRUIT GROWN OR PRODUCED IN THE  STATE  OF  NEW  YORK  TO
PRODUCE THE WINE;

A. 1959                             3

  (I)  SHALL  ADD  YEAST  AND/OR OTHER INGREDIENTS TO THE GRAPE OR OTHER
FRUIT JUICE OR WINE;
  (J) SHALL CAUSE THE FRUIT TO FERMENT;
  (K) SHALL RACK, FILTER AND BOTTLE THE WINE;
  (L)  SHALL  NOT  ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM THE HOME WINE
MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND
  (M) SHALL READ AND SIGN A STATEMENT THAT HE  OR  SHE  UNDERSTANDS  AND
AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  4.  NO  HOME  WINE  MAKERS  CENTER, NOR ANY EMPLOYEE OR AGENT THEREOF,
SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS:
  (A) THE FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES  AND  EQUIP-
MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES;
  (B)  THE  PROVISION  OF  ADVICE AND TECHNICAL SERVICES TO CUSTOMERS AS
PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS;
  (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS;
  (D) THE PROVISION, MAINTENANCE, CLEANING AND  REPAIR  OF  WINE  MAKING
EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER
EQUIPMENT;
  (E)  THE  PROVISION, RENTAL OR SALE OF STORAGE VESSELS, INCLUDING, BUT
NOT LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE  CONTAIN-
ERS FOR WINE FERMENTATION AND STORAGE;
  (F)  THE  PROVISION  OF A CLIMATE AND TEMPERATURE CONTROLLED SPACE FOR
WINE FERMENTATION AND STORAGE;
  (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND
  (H) THE PROVISION OF QUALITY  CONTROL  SERVICES,  SUCH  AS  LABORATORY
ANALYSIS  AND  TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN THE PRES-
ENCE OF THE HOME WINE MAKER.
  5. NO HOME WINE MAKERS CENTER  SHALL  ALLOW,  MAINTAIN  OR  STORE  ANY
CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS.
  6.    THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR HOUSEHOLDS MAKING
WINE AT A HOME WINE MAKERS CENTER PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL NOT EXCEED TEN THOUSAND GALLONS  PER  YEAR.  PROVIDED,  THAT  SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY OR FARM WINERY LICENSE.
  7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM  OR  OTHER  PREMISES  THAT  IS NOT ASSOCIATED WITH A WINERY OR FARM
WINERY.
  8. (A) A PERSON OR ENTITY LICENSED PURSUANT TO THE ALCOHOLIC  BEVERAGE
CONTROL  LAW  MAY  ALSO  BE LICENSED AS A HOME WINE MAKERS CENTER ON THE
SAME OR ADJACENT PREMISES OF A WINERY OR FARM WINERY, IF SUCH PERSON  OR
ENTITY IS THE HOLDER OF:
  (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THE ALCOHOLIC
BEVERAGE CONTROL LAW; OR
  (II)  A  FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A OF THE
ALCOHOLIC BEVERAGE CONTROL LAW.
  (B) NO WINERY OR FARM WINERY AUTHORIZED TO OPERATE A HOME WINE  MAKERS
CENTER  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE ISSUED A
LICENSE PURSUANT TO THIS ARTICLE,  UNLESS  THE  STATE  LIQUOR  AUTHORITY
GRANTS A WRITTEN CONSENT LETTER THERETO.  THE STATE LIQUOR AUTHORITY, IN
GRANTING  ITS CONSENT, SHALL DETERMINE WHETHER THE APPLICANT COMPLIES OR
WILL COMPLY WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES  AND  REGU-
LATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING
TO  HOME  WINE MAKERS CENTERS. IF THE WINERY OR FARM WINERY APPLYING FOR
CONSENT COMPLIES WITH SUCH FEDERAL LAW, RULES AND REGULATIONS THE  STATE
LIQUOR  AUTHORITY SHALL GRANT ITS WRITTEN CONSENT FOR THE OPERATION OF A

A. 1959                             4

HOME WINE MAKERS CENTER. SUCH AUTHORITY SHALL NOT  ESTABLISH  ANY  ADDI-
TIONAL REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT.
  (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY
OR  FARM  WINERY  SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR
FARM WINERY IN WHICH WINE SUBJECT TO THE  PROVISIONS  OF  THE  ALCOHOLIC
BEVERAGE  CONTROL  LAW IS FERMENTED, PROCESSED, BOTTLED, STORED, SHIPPED
AND SOLD.  PROVIDED, HOWEVER, THAT A WINERY OR FARM WINERY MAY SHARE ITS
WINE MAKING EQUIPMENT WITH A LICENSED HOME WINE MAKERS CENTER AS LONG AS
ALL HOME MADE WINES PRODUCED BY SUCH EQUIPMENT IS SEGREGATED  FROM  SUCH
PORTION OF THE PREMISES IN WHICH A WINERY OR FARM WINERY IS LOCATED.
  9.  FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT  NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES.
  S  3.  Section  76 of the alcoholic beverage control law is amended by
adding a new subdivision 14 to read as follows:
  14. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A  LICENSED  WINERY
SHALL  BE  AUTHORIZED  TO  OPERATE A HOME WINE MAKERS CENTER PURSUANT TO
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW. PROVIDED,  FURTHER,
THAT  A WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREM-
ISES AS THE WINERY IS OPERATED SUBJECT TO THE  PROVISIONS  OF  PARAGRAPH
(C)  OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF
THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 4. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO ARTICLE TWENTY-C OF THE  AGRICULTURE  AND  MARKETS  LAW.    PROVIDED,
FURTHER,  THAT  A FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR
ADJACENT PREMISES  AS  THE  FARM  WINERY  IS  OPERATED  SUBJECT  TO  THE
PROVISIONS  OF PARAGRAPH (C) OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED
FIFTY-ONE-Z-THIRTEEN OF THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 5. Section 83 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.  THE  FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY OR FARM
WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO ARTICLE TWENTY-C
OF THE AGRICULTURE AND MARKETS LAW  SHALL  BE  ONE  HUNDRED  TWENTY-FIVE
DOLLARS.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately any rules, regulations or other  actions  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1959--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. MAGEE, LUPARDO -- Multi-Sponsored by -- M. of A.
  CLARK -- read once and referred to the  Committee  on  Agriculture  --
  recommitted  to the Committee on Agriculture in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law and the alcoholic bever-
  age  control law, in relation to providing that food processing estab-
  lishments shall include the operation of home wine makers centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 3 and 4 of section 251-z-2 of the agriculture
and markets law, subdivision 3 as amended by chapter 507 of the laws  of
1973  and subdivision 4 as added by chapter 863 of the laws of 1972, are
amended and a new subdivision 6 is added to read as follows:
  3. The term "food processing  establishment"  means  any  place  which
receives  food  or food products for the purpose of processing or other-
wise adding to the value of the product for commercial sale,  AND  THOSE
PLACES  LICENSED  AS HOME WINE MAKERS CENTERS THAT PRODUCE WINE FOR HOME
CONSUMPTION AND NOT FOR COMMERCIAL SALE.  It includes, but is not limit-
ed to, bakeries, processing plants, beverage plants [and], food manufac-
tories, AND HOME WINE MAKERS  CENTERS.    However,  the  term  does  not
include:  those establishments that process and manufacture food or food
products that are sold exclusively at  retail  for  consumption  on  the
premises;  those  operations which cut meat and sell such meat at retail
on the premises; bottled and bulk water facilities; those food  process-
ing  establishments which are covered by articles four, [four-a, five-a,
five-b, five-c, five-d, seventeen-b,] FOUR-A,  FIVE-A,  FIVE-B,  FIVE-C,
FIVE-D,  SEVENTEEN-B, nineteen[, twenty-b,] and twenty-one of this chap-
ter; service food establishments, including vending  machine  commissar-
ies,  under permit and inspection by the [state] department of health or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05308-03-4

A. 1959--A                          2

by a local  health  agency  which  maintains  a  program  certified  and
approved  by  the  [state]  commissioner of health; establishments under
federal meat, poultry  or  egg  product  inspection;  or  establishments
engaged  solely  in  the  harvesting, storage, or distribution of one or
more  raw  agricultural  commodities  which  are   ordinarily   cleaned,
prepared,  treated  or  otherwise processed before being marketed to the
consuming public.
  4. The term "processing" means processing foods in any manner, such as
by manufacturing, canning, preserving,  freezing,  drying,  dehydrating,
juicing, pickling, baking, brining, bottling, packing, repacking, press-
ing,  waxing,  heating  or cooking, or otherwise treating food in such a
way as to create a risk that it may  become  adulterated  if  improperly
handled, OR THE FERMENTATION OF FRUIT, AS DEFINED IN SUBDIVISION NINE OF
SECTION  TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF THIS ARTICLE INTO WINE, FOR
HOME CONSUMPTION, UPON THE PREMISES OF A HOME WINE MAKERS CENTER.
  6. THE TERM "WINE MAKERS CENTER" MEANS ANY PLACE WHERE  AN  INDIVIDUAL
PAYS A FEE TO USE SPACE AND EQUIPMENT FOR THE PURPOSE OF MAKING WINE FOR
PERSONAL HOUSEHOLD USE AND NOT FOR RESALE.
  S  2.  Section  251-z-13 of the agriculture and markets law, as renum-
bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
and a new section 251-z-13 is added to read as follows:
  S 251-Z-13. HOME WINE  MAKERS  CENTERS.  1.  THE  PROVISIONS  OF  THIS
SECTION SHALL APPLY TO HOME WINE MAKERS CENTERS IN ADDITION TO ANY OTHER
PROVISION  OF  THIS ARTICLE.   THE OPERATION OF HOME WINE MAKERS CENTERS
SHALL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND  THE  SUPERVISION
OF  THE DEPARTMENT.   PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY CONSULT
WITH THE STATE LIQUOR AUTHORITY BEFORE ISSUING SUCH  LICENSE  TO  ENSURE
COMPLIANCE WITH THE ALCOHOLIC BEVERAGE CONTROL LAW.
  SUCH OPERATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE ALCOHOLIC
BEVERAGE  CONTROL LAW OR THE JURISDICTION OF THE STATE LIQUOR AUTHORITY,
UNLESS SPECIFICALLY PROVIDED IN THIS ARTICLE.
  2. EVERY HOME WINE MAKERS CENTER SHALL BE LICENSED BY THE COMMISSIONER
TO PROVIDE, FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE  FACILITIES  FOR
THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT
FOR RESALE IN ACCORDANCE WITH FEDERAL LAW, RULES AND REGULATIONS AUTHOR-
IZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR FAMILY USE.
  3.  EVERY  PERSON  ENGAGING  IN  THE PRODUCTION OF WINE AT A HOME WINE
MAKERS CENTER:
  (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER;
  (B) SHALL BE LIMITED TO PRODUCING NOT MORE THAN FIFTY GALLONS OF  WINE
DURING  ANY  CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR MORE OTHER
PERSONS WHO ARE TWENTY-ONE YEARS OF AGE RESIDING IN THE  SAME  HOUSEHOLD
AS  SUCH  PERSON,  AND  ALL OTHER SUCH PERSONS IN THE SAME HOUSEHOLD MAY
PRODUCE AN AGGREGATE OF NOT MORE THAN ONE HUNDRED GALLONS  OF  WINE  FOR
THE HOUSEHOLD DURING ANY CALENDAR YEAR;
  (C)  MAY  REMOVE  THE  WINE HE OR SHE PRODUCES AT THE HOME WINE MAKERS
CENTER FOR THE PURPOSE OF PERSONAL USE, INCLUDING  USE  IN  CONTESTS  OR
TASTINGS;
  (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE;
  (E)  SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH CALENDAR
YEAR;
  (F) MAY JOINTLY PRODUCE WINE WITH  PERSONS  RESIDING  IN  A  DIFFERENT
HOUSEHOLD  OR  HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE IS WITHIN
THE QUANTITY LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES  AND  REGU-
LATIONS;
  (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE;

A. 1959--A                          3

  (H)  SHALL  USE  FRUIT  GROWN  OR PRODUCED IN THE STATE OF NEW YORK TO
PRODUCE THE WINE;
  (I)  SHALL  ADD  YEAST  AND/OR OTHER INGREDIENTS TO THE GRAPE OR OTHER
FRUIT JUICE OR WINE;
  (J) SHALL CAUSE THE FRUIT TO FERMENT;
  (K) SHALL RACK, FILTER AND BOTTLE THE WINE;
  (L) SHALL NOT ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM  THE  HOME  WINE
MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND
  (M)  SHALL  READ  AND  SIGN A STATEMENT THAT HE OR SHE UNDERSTANDS AND
AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  4. NO HOME WINE MAKERS CENTER, NOR  ANY  EMPLOYEE  OR  AGENT  THEREOF,
SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS:
  (A)  THE  FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES AND EQUIP-
MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES;
  (B) THE PROVISION OF ADVICE AND TECHNICAL  SERVICES  TO  CUSTOMERS  AS
PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS;
  (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS;
  (D)  THE  PROVISION,  MAINTENANCE,  CLEANING AND REPAIR OF WINE MAKING
EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER
EQUIPMENT;
  (E) THE PROVISION, RENTAL OR SALE OF STORAGE VESSELS,  INCLUDING,  BUT
NOT  LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE CONTAIN-
ERS FOR WINE FERMENTATION AND STORAGE;
  (F) THE PROVISION OF A CLIMATE AND TEMPERATURE  CONTROLLED  SPACE  FOR
WINE FERMENTATION AND STORAGE;
  (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND
  (H)  THE  PROVISION  OF  QUALITY  CONTROL SERVICES, SUCH AS LABORATORY
ANALYSIS AND TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN  THE  PRES-
ENCE OF THE HOME WINE MAKER.
  5.  NO  HOME  WINE  MAKERS  CENTER  SHALL ALLOW, MAINTAIN OR STORE ANY
CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS.
  6.  THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR  HOUSEHOLDS  MAKING
WINE AT A HOME WINE MAKERS CENTER PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL  NOT  EXCEED  TEN  THOUSAND  GALLONS PER YEAR. PROVIDED, THAT SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY OR FARM WINERY LICENSE.
  7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED  WITH  A  WINERY  OR  FARM
WINERY.
  8.  (A) A PERSON OR ENTITY LICENSED PURSUANT TO THE ALCOHOLIC BEVERAGE
CONTROL LAW MAY ALSO BE LICENSED AS A HOME WINE  MAKERS  CENTER  ON  THE
SAME  OR ADJACENT PREMISES OF A WINERY OR FARM WINERY, IF SUCH PERSON OR
ENTITY IS THE HOLDER OF:
  (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THE ALCOHOLIC
BEVERAGE CONTROL LAW; OR
  (II) A FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A  OF  THE
ALCOHOLIC BEVERAGE CONTROL LAW.
  (B)  NO WINERY OR FARM WINERY AUTHORIZED TO OPERATE A HOME WINE MAKERS
CENTER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE  ISSUED  A
LICENSE  PURSUANT  TO  THIS  ARTICLE,  UNLESS THE STATE LIQUOR AUTHORITY
GRANTS A WRITTEN CONSENT LETTER THERETO.  THE STATE LIQUOR AUTHORITY, IN
GRANTING ITS CONSENT, SHALL DETERMINE WHETHER THE APPLICANT COMPLIES  OR
WILL  COMPLY  WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES AND REGU-
LATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING
TO HOME WINE MAKERS CENTERS. IF THE WINERY OR FARM WINERY  APPLYING  FOR
CONSENT  COMPLIES WITH SUCH FEDERAL LAW, RULES AND REGULATIONS THE STATE

A. 1959--A                          4

LIQUOR AUTHORITY SHALL GRANT ITS WRITTEN CONSENT FOR THE OPERATION OF  A
HOME  WINE  MAKERS  CENTER. SUCH AUTHORITY SHALL NOT ESTABLISH ANY ADDI-
TIONAL REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT.
  (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY
OR  FARM  WINERY  SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR
FARM WINERY IN WHICH WINE SUBJECT TO THE  PROVISIONS  OF  THE  ALCOHOLIC
BEVERAGE  CONTROL  LAW IS FERMENTED, PROCESSED, BOTTLED, STORED, SHIPPED
AND SOLD.  PROVIDED, HOWEVER, THAT A WINERY OR FARM WINERY MAY SHARE ITS
WINE MAKING EQUIPMENT WITH A LICENSED HOME WINE MAKERS CENTER AS LONG AS
ALL HOME MADE WINES PRODUCED BY SUCH EQUIPMENT IS SEGREGATED  FROM  SUCH
PORTION OF THE PREMISES IN WHICH A WINERY OR FARM WINERY IS LOCATED.
  9.  FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT  NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES.
  S  3.  Section  76 of the alcoholic beverage control law is amended by
adding a new subdivision 14 to read as follows:
  14. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A  LICENSED  WINERY
SHALL  BE  AUTHORIZED  TO  OPERATE A HOME WINE MAKERS CENTER PURSUANT TO
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW. PROVIDED,  FURTHER,
THAT  A WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREM-
ISES AS THE WINERY IS OPERATED SUBJECT TO THE  PROVISIONS  OF  PARAGRAPH
(C)  OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF
THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 4. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO ARTICLE TWENTY-C OF THE  AGRICULTURE  AND  MARKETS  LAW.    PROVIDED,
FURTHER,  THAT  A FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR
ADJACENT PREMISES  AS  THE  FARM  WINERY  IS  OPERATED  SUBJECT  TO  THE
PROVISIONS  OF PARAGRAPH (C) OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED
FIFTY-ONE-Z-THIRTEEN OF THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 5. Section 83 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.  THE  FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY OR FARM
WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO ARTICLE TWENTY-C
OF THE AGRICULTURE AND MARKETS LAW  SHALL  BE  ONE  HUNDRED  TWENTY-FIVE
DOLLARS.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately any rules, regulations or other  actions  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.