§ 36 — Direct intrastate mead and braggot shipments

§ 36. Direct intrastate mead and braggot shipments. Any person having\napplied for and received a manufacturing license under this chapter\nwhich includes the privilege of producing mead and/or braggot may ship\nno more than thirty-six cases (no more than nine liters per case) of\nmead and/or braggot produced by such manufacturer per year directly to a\nNew York state resident who is at least twenty-one years of age, for\nsuch resident's personal use and not for resale.\n 1. Licensee's shipping responsibilities. Notwithstanding any provision\nto the contrary contained in this chapter, any above referred licensee:\n (a) shall ship no more than thirty-six cases (no more than nine liters\nper case) per year of mead and/or braggot produced by such license\nholder directly to a New York state resident who is at least twenty-one\nyears of age, for such resident's personal use and not for resale;\n (b) may ship within the same packaging any and all alcoholic beverages\nit lawfully produces and which it sells in accordance with its shipping\nprivileges and responsibilities pursuant to the provisions of this\nsection and sections fifty-nine-c, sixty-nine, and seventy-nine-d of\nthis chapter, as applicable;\n (c) shall ensure that the outside of each shipping container used to\nship mead and/or braggot directly to a New York state resident is\nconspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES -\nSIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR\nRESALE," or with other language specifically approved by the New York\nstate liquor authority;\n (d) shall maintain records in such manner and form as the authority\nmay direct showing the total amount of mead and/or braggot shipped in\nthe state each calendar year, the names and addresses of the purchasers\nto whom the mead and/or braggot was shipped, the date purchased, the\nname of the common carrier used to deliver the mead and/or braggot, and\nthe quantity and value of each shipment. Such records shall be kept for\nthree years and, upon written request, be provided to the authority or\nthe department of taxation and finance;\n (e) shall in connection with the acceptance of an order for a delivery\nof mead and/or braggot to a New York resident, require the prospective\ncustomer to represent that he or she has attained the age of twenty-one\nyears or more and that the mead and/or braggot being purchased will not\nbe resold or introduced into commerce; and\n (f) shall require common carriers to:\n (i) require a recipient, at the delivery address, upon delivery, to\ndemonstrate that the recipient is at least twenty-one years of age by\nproviding a valid form of photographic identification authorized by\nsection sixty-five-b of this article;\n (ii) require a recipient to sign an electronic or paper form or other\nacknowledgment of receipt as approved by the authority; and\n (iii) refuse delivery when the proposed recipient appears to be under\ntwenty-one years of age and refuses to present valid identification as\nrequired by paragraph (a) of this subdivision.\n 2. Violations. In any action brought under this section, the common\ncarrier and the licensee shall only be held liable for their independent\nacts.\n