* § 59-c. Direct intrastate cider shipments. Any person having applied
for and received a manufacturing license under this chapter which
includes the privilege of producing cider may ship no more than
thirty-six cases (no more than nine liters per case) of cider 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 year of cider 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 thirty-six, sixty-nine, and seventy-nine-d of this
chapter, as applicable;

(c) shall ensure that the outside of each shipping container used to
ship cider 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 cider shipped in the state each
calendar year, the names and addresses of the purchasers to whom the
cider was shipped, the date purchased, the name of the common carrier
used to deliver the cider, 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 cider 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 cider 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 chapter;

(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