Is Direct-to-Consumer Spirits and Cider Shipping on the Horizon for New York?

Rachel Hoffman
February 2, 2023

Updated February 3, 2023

There’s a chance New York may soon allow direct-to-consumer spirits and cider shipping. Last Wednesday, New York Senators James Skoufis (D- 42nd District) and Rachel May (D-48th District) introduced Bill 2852, an act to “amend the alcoholic beverage control law, in relation to authorizing the direct intrastate and interstate shipment of liquor, cider, mead, and braggot and relates to direct shipments of wine.” In short, the proposed bill would add New York to the list of eight states (and D.C.) that allow interstate direct-to-consumer spirits shipping.

The Empire State’s laws allow for direct-to-consumer wine shipping, but past attempts at legalizing the direct shipping of beer, cider and spirits have failed. If passed, the amended bill would shape the state’s liquor shipping laws after the current wine shipping laws, even down to the number of cases allowed per consumer.

What is included in Bill 2852?

If signed into law, Bill S02852 would allow licensed liquor, cider and mead manufacturers to obtain an out-of-state direct shipper’s license and sell up to 36 cases of their product to any of-age New York state resident. Currently, New York permits the DtC shipping of apple- or pear-based fermented beverage alcohol with an ABV of 8.5% or less only when the products are labeled and sold as a fruit “wine.” If made into law, ciders of all kinds can be shipped into the state. Notably, beer is not included and remains non-DtC shippable in New York.

The bill states that New York-based licensed manufacturers must be provided reciprocal shipping privileges, much like current rules in place for direct-to-consumer wine shipping. Like many other states, there is also strict guidance regarding packaging label requirements, age and signature checks at the time of delivery and tax filing.

New York isn’t the only state proposing the expansion of direct-to-consumer shipping. Hawaii Senator Jarrett Keohokalole (D- 24th District) introduced Senate Bill 1571, which aims to amend the existing wine shipping laws to apply it to all alcoholic products, including beer and spirits.

If you are a New York or Hawaii resident who wants to have their favorite spirits shipped directly to your home, reach out to your local representatives through Ship My Spirits. This grassroots coalition makes it easy to send a customized, personal email to your state legislators.

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Download our inaugural Direct-to-Consumer Spirits Shipping Report for an in-depth look at the consumer and producer sides of this emerging market.

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Rachel Hoffman

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