State Law: Legal Amounts of Homemade Wine
New York laws regarding homemade wine are pursuant to the federal law which states the following:
The aggregate amount of wine exempt from tax under this subsection with respect to any household shall not exceed – (1) 200 gallons per calendar year if there are 2 or more adults in such household, or (2) 100 gallons per calendar year if there is only 1 adult in such household.
State Alcoholic Beverages Control Agency
State Liquor Authority
Division of Alcoholic Beverage Control
Phone: 212.417.4193
Fax: 212.417.3153
Zone 1 NYC
317 Lenox Ave.
New York, NY 10027
Phone: 212.961.8378
Zone 2 Albany
80 S. Swan St. 9th Floor
Albany, NY 12210-8002
Phone: 518.474.0385
Syracuse District
333 E. Washington St.
Syracuse, NY 13202 Phone: 518.474.0385
Zone 3 Buffalo
535 Washington St.
Buffalo, NY 14203
Phone: 716.847.3039
Complaint Hotline 518.474.3114
Statute Title & Description
Alcohol Beverage Control (ABC)
Article 1 Section 3. Definitions
“Alcoholic beverage” or “beverage” mean and include alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by subdivision twelve of section two hundred of the agriculture and markets law and ice cream and other frozen desserts made with wine as provided in subdivision fifteen of section two hundred of the agriculture and markets law shall not be regulated as an “alcoholic beverage” or “beverage” within the meaning of this section where the sale, delivery or giving away is to a person aged twenty-one years or older. The sale, delivery or giving away of ice cream made with wine to a person under the age of twenty-one years may be prosecuted administratively and/or criminally in accordance with the provisions of this chapter.
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl or spirit of wine from whatever source or by whatever processes produced.
“Person” includes an individual, co-partnership, corporations, society, joint stock company, alcoholic beverage officer appointed by a club or a luncheon club or limited liability company.
“Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, or other fruits or plants with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-four per centum by volume. Wine produced from fruits or plants other than grapes shall include appropriate prefixes descriptive of the fruit or the product from which such wine was predominantly produced, and no other product shall be called “wine” unless designated as artificial or imitation wine. 36-a.
“Wine product” means a beverage containing wine to which is added concentrated or unconcentrated juice, flavoring material, water, citric acid, sugar and carbon dioxide and containing not more than six per centum alcohol by volume, to which nothing other than such wine has been added to increase the alcoholic content of such beverage.
Article 8 Section 100. Alcoholic Beverages Generally
1. No person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license therefor required by this chapter.
2. No manufacturer and no wholesaler shall sell, or agree to sell or deliver in this state any alcoholic beverage for the purposes of resale to any person who is not duly licensed pursuant to this chapter to sell such beverages, at wholesale or retail, as the case may be, at the time of such agreement and sale.
Article 10 Section 150. Definitions
“Illicit alcoholic beverage” means and includes any alcohol or distilled spirits owned, manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported on which any tax required to have been paid under any applicable federal law has not been paid.
NOTE: The information presented here is not a substitute for legal advice. For detailed information regarding the laws of your state please contact the state’s governing agency and/or a lawyer licensed to practice in your state.
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