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NYS Bottle Size Restrictions


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I want to talk about an issue that's putting NYS craft distilleries at a disadvantage when competing in the marketplace against the bigger distilleries. 
 
Governor Cuomo and his administration have been invaluable for the craft industry. They have lifted restrictions that have been placed on the craft industry since the days of prohibition. Most importantly, raising the proof gallon production from 35,000 to 75,000 annually. Unlike craft breweries, who are allowed to sell in multiple packages, like bottles, cans and now growlers, craft distillers cannot sell in bottles bigger than a quart. This is a big disadvantage when we compete with the bigger distilleries in off premise accounts (retail stores).
 
I understand, as craft distilleries, our licensing fees are lower than our Class A counterparts but allowing us to be able to sell in bigger bottles would not affect our production cap. The seventy-five thousand proof gallon limit would still be in place. 
 
Is there any talk that would allow craft distilleries the opportunity to use bigger bottles?
 
 
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9 hours ago, Uncle Jumbo's Distillery said:

craft distillers cannot sell in bottles bigger than a quart

Are you referring to 1 liter bottles? Do you have marketing data showing your target consumers want 1 or 1.75 liter bottles? I don't recall ever seeing craft spirits in large(r) format bottles.

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  • 2 weeks later...
4 hours ago, Uncle Jumbo's Distillery said:

Yes, I'm referring to bottles larger than 750 ml. Thank you for your responses.

In three years we have never, not even once, had either a retailer in our draconian three-tier system or customer in our tasting room ask for larger format bottles -- 375s yes, > 750 ml no.  What data have you collected or received that makes you think this is needed?

Does anyone else out there bottle in larger than 750s?

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On 8/6/2017 at 4:48 PM, indyspirits said:

 What data have you collected or received that makes you think this is needed?

Does anyone else out there bottle in larger than 750s?

I totally agree with what you're saying there - that you should listen to your customers and not just "believe" something without data. Sometimes you need need to make a leap of faith, but bottling in a bigger bottle isn't really something that one should believe will change their business without data. 

Exceptions do exist - In PA if you sell to the PA state store they require the best prices on products. You can't charge less than what they pay. I know one local person that bottles in 1L bottles to sell at a better price from the distillery. Since it's a different size/SKU they can do it without violating that clause. 

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