New Law Permitting Out-of-state Grape Purchases For Farm Wineries Called Into Play

Albany, N.Y.-- As the result of a new law sponsored this year by Senator George H. Winner, Jr. (R-C, Elmira), farm wineries in the Finger Lakes and statewide will be able to better respond to adverse weather conditions that have caused significant losses in several varietals of New York State’s 2005 grape crop.

The legislation, which was supported by the New York Farm Bureau, was signed into law in June by Governor George Pataki.

"The new law cuts a lot of bureaucratic ‘red tape’ for our farm wineries," said Winner. "I’m glad that it’s in place to make it less costly for farm wineries to respond to this year’s grape crop losses."

The Winner-sponsored law allows licensed, eligible farm wineries to purchase out-of-state grapes, for one year, if a natural disaster or adverse weather conditions like early frosts, late winters or unusual hail storms cause at least a 40-percent loss in the state’s annual grape harvest. That’s been the case, according to determinations recently issued by state Department of Agriculture and Markets (Ag and Markets) Commissioner Nathan Rudgers, in the following grape varietals:

> Baco noir;
> Cabernet Franc;
> Cayuga white;
> Merlot;
> Pinot noir; and
> Riesling.

As a result, the department is accepting applications from farm wineries affected by the losses and seeking to manufacture or sell wine from grapes grown outside of New York State. The application is currently available online, or by contacting the department directly at 1-800-554-4501.

By law, obtaining a farm winery license in New York State requires that a winery produce its wine using only New York-grown grapes. Winner said that while this requirement serves to strengthen and support New York’s grape-and-wine industry, it inadvertently limited a farm winery’s ability to respond to natural disasters and other severe weather conditions that result in severe losses in the state’s grape crop. While the state’s commercial wineries are allowed to purchase out-of-state grapes as a way to respond to in-state grape shortages in these instances, farm wineries could only similarly purchase out-of-state grapes by applying to the State Liquor Authority for a one-year commercial winery license and then, the following year, go through the licensing process a second time to reregister as a farm winery.

"It was a bureaucratic, costly, cumbersome process for the farm wineries," Winner said. "This new law provides greater flexibility to help our farm wineries better respond to these emergency situations."