Brendan Palfreyman is a craft beer attorney with Harris Beach PLLC in Syracuse, NY and a member of the NYS Brewers Association. He also created and runs the brewery trademark resource website: www.trademarkyourbeer.com. A major focus of Mr. Palfreyman’s practice is representing and counseling craft breweries in New York State with regard to trademarks, corporate issues, real estate, and contracts. Brendan is an award winning homebrewer and has appeared as a guest on podcasts like Steal This Beer and Beer Sessions Radio. He is a dedicated and award winning homebrewer and filed the trademark for the folks at Milk the Funk. He even had a beer named after him by a grateful client – Palafrenero from Casita Cerverceria. bpalfreyman [at] harrisbeach [dot] com.
A popular question among breweries and breweries-in-planning in New York is what is “New York State Labelled Beer” and who can sell it?
What is New York State Labelled Beer?
The term “New York State Labelled Beer” is a product of the farm brewery legislation pioneered by Empire Brewing Co. founder and owner David Katleski and the New York State Brewers Association. Section 3(20-d) of the Alcoholic Beverage Control law (“ABC”) defines “New York State Labelled Beer,” but what that definition is depends on the date the beer is made. Specifically, New York State Labelled Beer is defined as follows:
In other words, currently, at least 20% of the hops used to make a NYS State Labelled Beer must be grown in New York. Then take the total weight of the remaining ingredients, e.g. base malt, specialty malts, yeast, fruit, spices, yeast, etc., and make sure that at least 20% of that total weight is comprised of products grown in New York. And no, you can’t claim a beer is New York State Labelled Beer because 100% of your water comes from New York.
Thus, NYS State Labelled Beer is unequivocally does not just mean beer made in New York, there are specific rules about the ingredients that must be used to make the beer.
Who Can Sell New York State Labelled Beer By the Glass?
Per Section 51-A(2)(e) of the ABC, licensed farm breweries can “sell at the licensed premises beer . . . manufactured by the licensee or any other licensed farm brewery . . . at retail for consumption on or off the licensed premises.” Farm breweries can thus sell for on-premises consumption the New York State Labelled Beer they manufacture as well as the New York State Labelled Beer made by other farm breweries.
Per Section 51(3-a) of the ABC, licensed microbreweries “may at the licensed premises . . . sell at retail for consumption on or off the licensed premises, any beer manufactured by the licensee or any New York State labeled beer.” Microbreweries are thus also permitted to sell for on-premises consumption not only the beer they manufacture, but also New York State Labelled Beer made by other breweries.
In summary, both farm breweries and microbreweries can sell for on-premises consumption New York State Labelled Beer made by other breweries, but be careful to recognize that New York State Labelled Beer doesn’t just mean beer made in New York.
Please see www.trademarkyourbeer.com for more information about brewery trademarks. This blog is intended to provide general information on a wide range of issues, including legal issues, affecting the brewing industry. It is not intended to provide specific legal advice and no legal advice is given. You understand that merely using this blog does not create an attorney client relationship between you and any attorney at Harris Beach PLLC or Brendan Palfreyman. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. This blog is intended to provide general information on a wide range of issues, including legal issues, affecting the brewing industry. It is not intended to provide specific legal advice and no legal advice is given.
