* § 36. Direct intrastate mead and braggot shipments. Any person
having applied for and received a manufacturing license under this
chapter which includes the privilege of producing mead and/or braggot
may ship no more than thirty-six cases (no more than nine liters per
case) of mead and/or braggot produced by such manufacturer per year
directly to a New York state resident who is at least twenty-one years
of age, for such resident's personal use and not for resale.

1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee:

(a) shall ship no more than thirty-six cases (no more than nine liters
per case) per year of mead and/or braggot produced by such license
holder directly to a New York state resident who is at least twenty-one
years of age, for such resident's personal use and not for resale;

(b) may ship within the same packaging any and all alcoholic beverages
it lawfully produces and which it sells in accordance with its shipping
privileges and responsibilities pursuant to the provisions of this
section and sections fifty-nine-c, sixty-nine, and seventy-nine-d of
this chapter, as applicable;

(c) shall ensure that the outside of each shipping container used to
ship mead and/or braggot directly to a New York state resident is
conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES -
SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR
RESALE," or with other language specifically approved by the New York
state liquor authority;

(d) shall maintain records in such manner and form as the authority
may direct showing the total amount of mead and/or braggot shipped in
the state each calendar year, the names and addresses of the purchasers
to whom the mead and/or braggot was shipped, the date purchased, the
name of the common carrier used to deliver the mead and/or braggot, and
the quantity and value of each shipment. Such records shall be kept for
three years and, upon written request, be provided to the authority or
the department of taxation and finance;

(e) shall in connection with the acceptance of an order for a delivery
of mead and/or braggot to a New York resident, require the prospective
customer to represent that he or she has attained the age of twenty-one
years or more and that the mead and/or braggot being purchased will not
be resold or introduced into commerce; and

(f) shall require common carriers to:

(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this article;

(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and

(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.

2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.

* NB Effective November 16, 2024