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A08732 Summary:

BILL NOA08732
 
SAME ASSAME AS S07013
 
SPONSORLupardo
 
COSPNSRWoerner, Crouch, Hawley, Miller B, Stirpe
 
MLTSPNSR
 
Amd 200, Ag & Mkts L; amd 1352-c, Pub Health L; amd 3, ABC L
 
Authorizes the manufacture and sale of ice cream or other frozen desserts made with liquor.
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A08732 Actions:

BILL NOA08732
 
11/25/2019referred to agriculture
01/08/2020referred to agriculture
02/25/2020reported referred to codes
03/03/2020reported
03/05/2020advanced to third reading cal.463
03/10/2020substituted by s7013
 S07013 AMEND= MAY
 01/08/2020REFERRED TO AGRICULTURE
 02/04/20201ST REPORT CAL.335
 02/05/20202ND REPORT CAL.
 02/10/2020ADVANCED TO THIRD READING
 03/02/2020PASSED SENATE
 03/02/2020DELIVERED TO ASSEMBLY
 03/02/2020referred to codes
 03/10/2020substituted for a8732
 03/10/2020ordered to third reading cal.463
 03/10/2020passed assembly
 03/10/2020returned to senate
 08/03/2020DELIVERED TO GOVERNOR
 08/03/2020SIGNED CHAP.132
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A08732 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8732
 
SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the agriculture and markets law, the public health law and the alcoholic beverage control law, in relation to authorizing the manufacture and sale of ice cream and other frozen desserts made with liquor   SUMMARY OF PROVISIONS: Section 1: Subdivisions 14 and 15 of Section 200 of the Agriculture and Markets Laws is amended to add liquor to the law authorizing the sale of ice cream and frozen desserts containing alcohol between one-half to 5% alcohol content, provided only those over 21 years of age can be served or sold to and alcohol warning labels or signs are provided on the pack- ages or at the point of sale. Section 2: Section 1352-c of the Public Health Law is amended to add liquor to the law requiring alcohol warning signs to customers at restaurants and other foodservice establishments where the ice cream is sold. Section 3: Subdivision 1 of Section 3 of Alcoholic Beverage Control Law is amended to add liquor ice cream and frozen desserts exempt from the definition of alcoholic beverage for those 21 years and older.   JUSTIFICATION: Ice cream made with wine is a food product manufactured in New York State that has been safely sold and regulated in a manner similar to confectionary that contains alcohol since 2008. This bill seeks to approve similar products made with liquor. As with wine, beer and cider this bill would, limit the percentage of alcohol in ice cream to not more than 5% of alcohol by volume, prohibit its sale to persons under twenty-one years of age and require the same product labeling and warn- ing statements similar to wine and confectionary that contains alcohol. This legislation will help New York dairy farmers, liquor and craft beverage producers, dairy processors and manufacturers, and food retail- ers and restaurants meet the increasing consumer demand for these new and innovative products.   PRIOR LEGISLATIVE HISTORY: This is new legislation, but similar legislation adding beer and hard cider to ice cream or frozen desserts was enacted by Chapter 118 of 2018.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This legislation contains no negative fiscal implications but could actually result in an increase in state and local sale tax due to the sale of these products.   EFFECTIVE DATE: This act shall take effect immediately.
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A08732 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8732
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 25, 2019
                                       ___________
 
        Introduced by M. of A. LUPARDO, WOERNER, CROUCH, HAWLEY -- read once and
          referred to the Committee on Agriculture
 
        AN  ACT  to amend the agriculture and markets law, the public health law
          and the alcoholic beverage control law, in relation to authorizing the
          manufacture and sale of ice cream and other frozen desserts made  with
          liquor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 14 and 15 of section 200  of  the  agriculture
     2  and  markets  law,  as  amended  by chapter 118 of the laws of 2018, are
     3  amended to read as follows:
     4    14. If it is ice cream or other  frozen  desserts  made  with  liquor,
     5  wine,  beer  or  cider  bearing  or containing more than five percent of
     6  alcohol by volume.
     7    15. With respect to the manufacture and sale of  ice  cream  or  other
     8  frozen  desserts  made  with  liquor,  wine,  beer  or  cider bearing or
     9  containing more than one-half of one percent, but  not  more  than  five
    10  percent of alcohol by volume:
    11    (a)  No  person  shall  sell  at retail packages of ice cream or other
    12  frozen desserts made with liquor, wine, beer or  cider  for  consumption
    13  off the premises where sold unless:
    14    (i) each package is a sealed package, as received from the manufactur-
    15  er or distributor;
    16    (ii)  each  sealed  package,  as  received  from  the  manufacturer or
    17  distributor, in a format to be established or approved  by  the  commis-
    18  sioner,  prominently  bears the following statements, provided that such
    19  statements may refer to either liquor, wine, beer or cider or a combina-
    20  tion thereof:
    21    (A) The sale of this product to individuals under the age  of  twenty-
    22  one years is prohibited.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14059-01-9

        A. 8732                             2
 
     1    (B) This product is made with (insert liquor, wine, beer and/or cider)
     2  and contains alcohol up to five percent by volume.
     3    (C)  Notice. This product contains alcohol used as a flavoring and, as
     4  with any product that contains alcohol:
     5    (1) women should not consume alcohol during pregnancy because  of  the
     6  risk of birth defects, and
     7    (2)  consumption  of  alcohol  impairs  your ability to drive a car or
     8  operate machinery, and may cause health problems.
     9    (iii) the following advisory, on a sign or poster not less than  seven
    10  inches  by five inches, in a format to be established or approved by the
    11  commissioner, is displayed prominently at each location  where  packages
    12  of  ice  cream  or other frozen desserts made with liquor, wine, beer or
    13  cider are made available to the public provided that such sign or poster
    14  may refer to either liquor, wine, beer or cider or a combination  there-
    15  of:
    16            "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR
    17                  CIDER) ICE CREAM OR OTHER FROZEN DESSERTS
    18    The  sale  of  (INSERT  LIQUOR,  WINE, BEER AND/OR CIDER) ICE CREAM OR
    19  OTHER FROZEN DESSERTS to individuals under the age of  twenty-one  years
    20  is prohibited.
    21    (INSERT  LIQUOR,  WINE,  BEER  AND/OR CIDER) ICE CREAM OR OTHER FROZEN
    22  DESSERTS contain alcohol up to five percent by volume.
    23    NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE  CREAM  OR  OTHER
    24  FROZEN  DESSERTS  contain  alcohol  used as a flavoring and, as with any
    25  product that contains alcohol:
    26    (1) women should not consume alcohol during pregnancy because  of  the
    27  risk of birth defects, and
    28    (2)  consumption  of  alcohol  impairs  your ability to drive a car or
    29  operate machinery, and may cause health problems.
    30    IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
    31  TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,  FRAU-
    32  DULENT  OR  NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO
    33  PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER)  ICE  CREAM  OR  OTHER
    34  FROZEN DESSERTS."
    35    (b)  No  manufacturer  and/or distributor of ice cream or other frozen
    36  desserts made with liquor, wine, beer or cider shall sell such product:
    37    (i) to a person intending to sell at retail individual servings of ice
    38  cream or other frozen desserts made with liquor, wine,  beer  or  cider,
    39  unless,   with  each  shipment,  such  manufacturer  and/or  distributor
    40  provides:
    41    (A) a written notice that individual servings of ice  cream  or  other
    42  frozen  desserts  made  with  liquor, wine, beer or cider may be sold at
    43  retail only where the retailer complies with all of the requirements set
    44  forth in paragraph (a) of this subdivision, and
    45    (B) a written copy of such requirements; and
    46    (ii) to a person intending to sell at retail packages of ice cream  or
    47  other frozen desserts made with liquor, wine, beer or cider for consump-
    48  tion  off  the  premises,  unless, with each shipment, such manufacturer
    49  and/or distributor provides:
    50    (A) a written notice that  packages  of  ice  cream  or  other  frozen
    51  desserts  made  with  liquor,  wine, beer or cider may be sold at retail
    52  only where the retailer complies with all of the requirements set  forth
    53  in paragraph (a) of this subdivision, and
    54    (B) a written copy of such requirements.
    55    §  2.  Section  1352-c of the public health law, as amended by chapter
    56  118 of the laws of 2018, is amended to read as follows:

        A. 8732                             3
 
     1    § 1352-c. Ice cream or other frozen desserts made with  liquor,  wine,
     2  beer or cider. No person shall sell at retail individual servings of ice
     3  cream  or  other  frozen  desserts made with liquor, wine, beer or cider
     4  bearing or containing more than one-half of one  percent  but  not  more
     5  than  five percent of alcohol by volume, unless the following statements
     6  are prominently displayed on the printed menu (or, if no  printed  menus
     7  are  used,  on  the  menu  board or sign setting forth the bill of fare)
     8  immediately adjacent to the listing of the item or items of ice cream or
     9  other frozen desserts made  with  liquor,  wine,  beer  or  cider  being
    10  offered provided that such statements may refer to liquor, wine, beer or
    11  cider or a combination thereof:
    12    1.  The  sale of (insert liquor, wine, beer and/or cider) ice cream or
    13  other frozen desserts to individuals under  the  age  of  twenty-one  is
    14  prohibited.
    15    2.  (Insert liquor, wine, beer and/or cider) ice cream or other frozen
    16  desserts contain alcohol up to five percent by volume.
    17    3. Notice: (Insert liquor, wine, beer and/or cider) ice cream or other
    18  frozen desserts contain alcohol used as a flavoring  and,  as  with  any
    19  product that contains alcohol:
    20    (a)  women  should not consume alcohol during pregnancy because of the
    21  risk of birth defects, and
    22    (b) consumption of alcohol impairs your ability  to  drive  a  car  or
    23  operate machinery, and may cause health problems.
    24    § 3. Subdivision 1 of section 3 of the alcoholic beverage control law,
    25  as  amended  by  chapter  118 of the laws of 2018, is amended to read as
    26  follows:
    27    1. "Alcoholic beverage" or "beverage" mean and include alcohol,  spir-
    28  its,  liquor, wine, beer, cider and every liquid, solid, powder or crys-
    29  tal, patented or not, containing alcohol,  spirits,  wine  or  beer  and
    30  capable  of  being consumed by a human being, and any warehouse receipt,
    31  certificate, contract or other document pertaining thereto; except  that
    32  confectionery  containing  alcohol  as provided by subdivision twelve of
    33  section two hundred of the agriculture and markets law and ice cream and
    34  other frozen desserts made with liquor, wine, beer or cider as  provided
    35  in  subdivision  fifteen  of  section two hundred of the agriculture and
    36  markets law shall not be regulated as an "alcoholic beverage" or "bever-
    37  age" within the meaning of this section  where  the  sale,  delivery  or
    38  giving  away  is  to  a person aged twenty-one years or older. The sale,
    39  delivery or giving away of ice cream or other frozen desserts made with
    40  liquor, wine, beer or cider to a person  under  the  age  of  twenty-one
    41  years may be prosecuted administratively and/or criminally in accordance
    42  with the provisions of this chapter.
    43    § 4. This act shall take effect immediately.
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