Distilling Alcohol In New York: What's The Law?

In the United States, federal law permits citizens to own a still for non-alcohol production. However, distilling alcohol at home is a different matter and is generally prohibited without a license. So, is it legal to distill alcohol in New York State?

Owning a still for non-alcohol production is legal

Federal law in the United States allows citizens the right to own a still and operate it for non-alcohol production. This means that owning a still for non-alcohol production is legal in New York.

In New York, it is illegal to own a still intended for manufacturing moonshine. However, a still with a boiler of 1 gallon or smaller can be owned without a license for distilling water or manufacturing essential oils, vinegars, and other non-alcoholic materials.

Federal law does not prohibit owning a still for water distillation, regardless of its size. This implies that a still of any size, as long as it is used for purposes other than alcohol production, is legal. In New York, it is not illegal to possess a non-producing still that is not required to be registered under federal law.

Stills used for laboratory purposes or for distilling water or other non-alcoholic materials with a capacity of one gallon or less are excluded from the definition of a "still" or "distilling apparatus" under federal statutes. Therefore, owning a still for non-alcohol production is legal in New York, as long as it complies with federal regulations and is not used for alcohol distillation without the required licenses.

Distilling alcohol without a license is a felony

In New York, it is illegal to distil alcohol without a license. Federal law permits citizens to own a still and operate it for non-alcohol production. However, distilling alcohol without a license is a felony.

According to New York Alcoholic Beverage Control Law, it is illegal to manufacture illicit alcoholic beverages without a license. This law applies to any person owning, operating, or possessing a still or distilling apparatus without the appropriate license. The law makes no exception for stills of a particular size, as long as they are used for alcohol production.

To distill alcohol legally in New York, you must obtain a license. The state offers several types of licenses, including the Class A-1 Distiller's License, which authorizes the holder to operate a distillery for the manufacture of liquors by distillation or redistillation at designated premises. The fee for this license starts at $250 and varies depending on the specific license issued.

In addition to the Class A-1 Distiller's License, New York also offers other types of distillery licenses, such as the Farm Distillery License (Class D). This license allows the holder to produce liquor with specific requirements, such as using 75% New York State ingredients and an annual production limit of 75,000 gallons. The initial application cost for this license is $937.60 for a 36-month validity period.

It is important to note that the licensing process for distilleries in New York involves multiple steps and requirements. Applicants must register their corporation or obtain a business certificate, apply for a distilled spirits plant permit, and understand the processing times to plan accordingly. An unlicensed person or entity in New York is not permitted to contract with a licensed distiller to create a product that they will own or resell.

Licenses for distilleries are required for legal manufacture

In New York, it is illegal to own a still that is intended to manufacture moonshine or any illicit alcoholic beverage. However, it is not unlawful to own a still for distilling water or other non-alcoholic materials with a capacity of one gallon or less. Federal law permits owning a still of any size for non-alcohol production, such as fuel production, with the appropriate licenses.

To legally manufacture alcohol in New York, a license is required. The state offers various distillery licenses, including the Class A-1 Distiller's License, which authorizes the holder to operate a distillery for the manufacture of liquors by distillation or redistillation at designated premises. The fee for this license starts at $250 and varies depending on the specific license issued.

There are also other types of distillery licenses available, such as the Class B-1 Distiller's License, which authorizes the holder to operate a rectifying plant with a production capacity of up to 75,000 gallons per year. This license allows for the manufacture of cordials and other rectified products. Additionally, a Farm Distillery License (Class D) permits the production of liquor with a 75,000-gallon limit and requires 75% New York State ingredients. This license costs $937.60 for a 36-month period.

To obtain a distiller's license in New York, an individual or entity must actually produce liquor or rectify it themselves and have their own facility or tenancy at a suitable facility. Tenant manufacturing, or alternating proprietorship, is permitted, allowing licensees to share facilities and associated rights and responsibilities. An unlicensed entity in New York cannot contract with a licensed distiller to create a product for the unlicensed entity's brand or participate in its resale.

A fuel license allows ethanol fuel manufacture

In New York, it is illegal to own a still intended for manufacturing moonshine. However, federal law allows citizens to own a still and operate it for non-alcohol production, such as fuel, with the correct licenses. New York offers a fuel license that allows the manufacture of ethanol fuel for personal use. This license costs $800 per year and permits the production of up to 100,000 gallons of ethanol fuel. This license is known as the "Industrial Alcohol Manufacturer - Fuel Only Permit" and is issued by the New York State Liquor Authority.

The process of obtaining this license involves submitting a request for a federal license, specifically a TTB 5110.74, to the Alcohol and Tobacco Tax and Trade Bureau (TTB). This license is required for manufacturing ethanol fuel and ensures compliance with regulations.

It is important to note that the ethanol manufactured under this license must be for the permittee's personal use as fuel. The permit specifically authorizes the manufacture of ethanol from biomass feedstock for use as fuel, including motor fuel, heating fuel, or fuel for process heat.

In addition to the fuel license, New York also offers an industrial alcohol manufacturer's permit. This permit is issued by the liquor authority and allows the manufacture of alcohol for scientific, chemical, mechanical, industrial, medicinal, and culinary purposes. It is intended for those who are authorized to procure alcohol tax-free under specific regulations.

While New York has strict laws regarding the ownership and operation of stills for alcohol production, it does provide options for legal ethanol fuel manufacturing through the fuel license and related permits. These licenses and permits ensure that individuals can engage in fuel production while adhering to the relevant regulations and guidelines.

A Class A-1 Distiller's License allows manufacture of liquors

In the state of New York, it is illegal to own a still intended for use in the manufacture of illicit alcoholic beverages. However, federal law allows citizens the right to own a still and operate it for non-alcohol production, such as distilling water or essential oils.

For those interested in distilling alcohol in New York, a Class A-1 Distiller's License is required. This license authorises the holder to operate a distillery for the manufacture of liquors by distillation or redistillation at the premises specifically designated in the license. The license also permits the sale of liquor in bulk to other licensees, such as those holding a winery license, farm winery license, or a distiller's class A or B license.

The fee for a Class A-1 Distiller's License starts at $250 and may vary depending on the specific license issued. It is important to note that this license comes with certain production limits, with a maximum capacity of 75,000 gallons per year.

In addition to the Class A-1 Distiller's License, there are several other types of licenses available for distilleries in New York, including the Micro-Rectifier's License (Class B-1), Fruit Brandy Distillery License (Class C), and Farm Distillery License (Class D). Each of these licenses has its own specific privileges and requirements, such as production limits and authorised activities.

It is important to carefully review the relevant laws and regulations when seeking to obtain a license for distilling alcohol in New York, as the specific requirements and restrictions may vary.

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