Agriculture_Markets
Andrew M. Cuomo, Governor | Richard A. Ball, Commissioner
 
   
 Farmers' Market Designation Program

Farmers' Market Designation Program

A farmers' market designation provides the legal basis for New York State wineries and/or micro (craft) breweries/cideries/farm distilleries to sell New York State labeled wine or craft beer/cider/distilled spirits by the bottle at farmers' markets under Sections 76.5 and 51.5 of the NYS Alcoholic Beverage Control Law. A "designated" market may be a regularly scheduled farmers' market, or a wine, beer, cider, food, craft or other one-time event that includes a farmers' market with New York State farmers or agricultural producers as defined by Article 22 of New York State Agriculture and Markets Law.

Purpose:
The Farmers' Market Designation Program allows for NYS wineries and/or micro (craft) breweries/cideries/farm distilleries to legally sell their NYS labeled alcoholic products by the bottle at farmers' markets.

Participants:
The participants in this program include many different NYS wineries and/or micro (craft) breweries/cideries/farm distilleries that produce and intend to sell their alcoholic beverages by the bottle at farmers' markets as producers of a "farm or food product."

Benefits:
Participating in the Farmers' Market Designation Program supports economic development by increasing producer's sales at farmers' markets. This program also helps to promote the growth of family and/or private businesses by creating a market for their alcoholic beverage products.

Eligibility:
Applicants must demonstrate the market has two or more New York State farmers and/or New York State producers in attendance to sell New York State farm and products directly to consumers.

"Farm and food product" shall mean any agricultural, horticultural, forest, or other product of the soil or water, including but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, preserves, maple sap products, apple cider, fruit juice, wine, ornamental or vegetable plants, nursery products, flowers, firewood and Christmas trees.

Additional Information for Craft Alcohol Vendors:

As of August 1, 2010, NYS wineries no longer need to obtain "no fee" permits from the State Liquor Authority (SLA) to legally sell their NYS labeled wines at designated farmers' markets. The SLA will need only to be informed that the market has been officially "designated" a farmers' market. However, NYS craft breweries must obtain a "no fee permit."

Both wineries and/or micro (craft) breweries must also have tasting permits from the SLA with them on site if they intend to offer tastings to the consumers prior to a sale by the bottle.

Under a 2011 amendment to the NYS Alcoholic Beverage Control (ABC) Law, a NYS micro (craft) brewery (defined by NYS law as producing 60,000 barrels/year or less), can sell their beer by the bottle at designated farmers' markets with permits from the SLA.

However, under a 2012 amendment to the NYS ABC law, specially licensed NYS "farm breweries" that source 20% or more of their brewing ingredients (e.g. hops and grains for malt) from NYS farms do not require an SLA permit to sell their "NYS-labeled beer" at designated farmers' markets. Under the same 2012 amendment, NYS "farm distilleries" producing distilled spirits from NYS-grown ingredients can sell by the bottle at designated farmers' markets with a permit from the SLA.

Please note that alcohol sales may occur on Sunday(s) only from 10 am to midnight.


Application

The Farmers' Market Designation Program application is available online for download. Adobe reader is recommended to view and fill in the form.

Farmers' Market Designation Program application.

To Submit the Application:

    Email: farmersmarkets@agriculture.ny.gov

    Fax: (518) 457-8398

    Mail:
      NYS Department of Agriculture and Markets
      FMD c/o Agricultural Development
      10B Airline Drive Albany NY 12235

Approved Farmers' Market Designations

www.agriculture.ny.gov/ap/Farmers-Market-Wine-Events.pdf
This is a list of the events which have applied to the Department and have been approved as Farmers' Markets.

Contact Information

Nutrition Unit
Phone: (518) 457-7076 x 1
Email: farmersmarkets@agriculture.ny.gov

 

Rev. 3/27/2019