AAM-48-12-00001-P Farm Brewery and Farm Distillery Exemption

11/28/12 N.Y. St. Reg. AAM-48-12-00001-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 48

November 28, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-48-12-00001-P

Farm Brewery and Farm Distillery Exemption

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Part 276.4 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18, 251-z-4, 251-z-9

Subject:

Farm brewery and farm distillery exemption.

Purpose:

Provide farm breweries and farm distilleries with AML Article 20-C food processing license exemption.

Text of proposed rule:

Subdivision (c) of section 276.4 of 1 NYCRR is amended to read as follows:

(c) Any establishment licensed as a: farm winery, pursuant to section 76-a of the Alcoholic Beverage Control Law[, or as]; a special farm winery, pursuant to section 76-d of said Law[,]; a farm brewery, pursuant to section 51-a of said Law; or a farm distillery, pursuant to section 61 of said Law, shall be exempt from licensing requirements of Article 20-C of the Agriculture and Markets Law, provided that:

(1) such establishment is maintained in a sanitary condition and follows the current good manufacturing practices set forth in Part 261 of this Title; and

(2) no other food processing operations for which licensing under Article 20-C of the Agriculture and Markets Law is required are being conducted at the establishment.

Text of proposed rule and any required statements and analyses may be obtained from:

Stephen D. Stich, Director, Food Safety and Inspection, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

This rule is proposed as a consensus rule, within the definition of that term in the State Administrative Procedure Act section 102(11) pursuant to the expectation that no person is likely to object to its adoption because it is non-controversial.

Agriculture and Markets Law § 251-z-4 authorizes the Commissioner of Agriculture and Markets to provide by regulation exemptions from licensing for small food processing establishments when he finds that such exemptions would avoid unnecessary regulation and assist in the administration of Article 20-C (Licensing and Food Processing Establishments) without impairing its purposes. Exempting farm breweries and farm distilleries from obtaining an Article 20-C food processing license implements this directive. Farm wineries are currently exempt from Article 20-C licenses but are still subject to food sanitation inspections by the Department. This amendment would treat farm breweries and farm distilleries consistent with farm wineries. These entities would also be subject to sanitation requirements.

There are approximately twenty-one farm distilleries in the state who are currently licensed by the Department pursuant to Article 20-C. Farm distilleries currently licensed under Article 20-C for the manufacture of distilled spirits will be exempt from having to renew their license at date of expiration. There are currently no farm breweries licensed by the Department. Since the proposed rule will relieve a regulatory burden upon farm breweries and farm distilleries, it is expected that no one is likely to object to the proposed amendment.

Job Impact Statement

The proposed rule will exempt farm breweries and farm distilleries from having to obtain food processing licenses, pursuant to Agriculture and Markets Law Article 20-C. The rule will eliminate a regulatory burden upon establishments already licensed by the State Liquor Authority from obtaining an Article 20-C license from the Department and, furthermore, will benefit New York’s beer and spirits industry.

The proposed rule is expected to have a positive impact upon jobs and employment opportunities in the State’s beer and spirits industry.