STATE OF NEW YORK
________________________________________________________________________
7013
IN SENATE(Prefiled)
January 8, 2020
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed 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.
23 (B) This product is made with (insert liquor, wine, beer and/or cider)
24 and contains alcohol up to five percent by volume.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14059-01-9
S. 7013 2
1 (C) Notice. This product contains alcohol used as a flavoring and, as
2 with any product that contains alcohol:
3 (1) women should not consume alcohol during pregnancy because of the
4 risk of birth defects, and
5 (2) consumption of alcohol impairs your ability to drive a car or
6 operate machinery, and may cause health problems.
7 (iii) the following advisory, on a sign or poster not less than seven
8 inches by five inches, in a format to be established or approved by the
9 commissioner, is displayed prominently at each location where packages
10 of ice cream or other frozen desserts made with liquor, wine, beer or
11 cider are made available to the public provided that such sign or poster
12 may refer to either liquor, wine, beer or cider or a combination there-
13 of:
14 "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR
15 CIDER) ICE CREAM OR OTHER FROZEN DESSERTS
16 The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR
17 OTHER FROZEN DESSERTS to individuals under the age of twenty-one years
18 is prohibited.
19 (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN
20 DESSERTS contain alcohol up to five percent by volume.
21 NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
22 FROZEN DESSERTS contain alcohol used as a flavoring and, as with any
23 product that contains alcohol:
24 (1) women should not consume alcohol during pregnancy because of the
25 risk of birth defects, and
26 (2) consumption of alcohol impairs your ability to drive a car or
27 operate machinery, and may cause health problems.
28 IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
29 TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU-
30 DULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO
31 PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
32 FROZEN DESSERTS."
33 (b) No manufacturer and/or distributor of ice cream or other frozen
34 desserts made with liquor, wine, beer or cider shall sell such product:
35 (i) to a person intending to sell at retail individual servings of ice
36 cream or other frozen desserts made with liquor, wine, beer or cider,
37 unless, with each shipment, such manufacturer and/or distributor
38 provides:
39 (A) a written notice that individual servings of ice cream or other
40 frozen desserts made with liquor, wine, beer or cider may be sold at
41 retail only where the retailer complies with all of the requirements set
42 forth in paragraph (a) of this subdivision, and
43 (B) a written copy of such requirements; and
44 (ii) to a person intending to sell at retail packages of ice cream or
45 other frozen desserts made with liquor, wine, beer or cider for consump-
46 tion off the premises, unless, with each shipment, such manufacturer
47 and/or distributor provides:
48 (A) a written notice that packages of ice cream or other frozen
49 desserts made with liquor, wine, beer or cider may be sold at retail
50 only where the retailer complies with all of the requirements set forth
51 in paragraph (a) of this subdivision, and
52 (B) a written copy of such requirements.
53 § 2. Section 1352-c of the public health law, as amended by chapter
54 118 of the laws of 2018, is amended to read as follows:
55 § 1352-c. Ice cream or other frozen desserts made with liquor, wine,
56 beer or cider. No person shall sell at retail individual servings of ice
S. 7013 3
1 cream or other frozen desserts made with liquor, wine, beer or cider
2 bearing or containing more than one-half of one percent but not more
3 than five percent of alcohol by volume, unless the following statements
4 are prominently displayed on the printed menu (or, if no printed menus
5 are used, on the menu board or sign setting forth the bill of fare)
6 immediately adjacent to the listing of the item or items of ice cream or
7 other frozen desserts made with liquor, wine, beer or cider being
8 offered provided that such statements may refer to liquor, wine, beer or
9 cider or a combination thereof:
10 1. The sale of (insert liquor, wine, beer and/or cider) ice cream or
11 other frozen desserts to individuals under the age of twenty-one is
12 prohibited.
13 2. (Insert liquor, wine, beer and/or cider) ice cream or other frozen
14 desserts contain alcohol up to five percent by volume.
15 3. Notice: (Insert liquor, wine, beer and/or cider) ice cream or other
16 frozen desserts contain alcohol used as a flavoring and, as with any
17 product that contains alcohol:
18 (a) women should not consume alcohol during pregnancy because of the
19 risk of birth defects, and
20 (b) consumption of alcohol impairs your ability to drive a car or
21 operate machinery, and may cause health problems.
22 § 3. Subdivision 1 of section 3 of the alcoholic beverage control law,
23 as amended by chapter 118 of the laws of 2018, is amended to read as
24 follows:
25 1. "Alcoholic beverage" or "beverage" mean and include alcohol, spir-
26 its, liquor, wine, beer, cider and every liquid, solid, powder or crys-
27 tal, patented or not, containing alcohol, spirits, wine or beer and
28 capable of being consumed by a human being, and any warehouse receipt,
29 certificate, contract or other document pertaining thereto; except that
30 confectionery containing alcohol as provided by subdivision twelve of
31 section two hundred of the agriculture and markets law and ice cream and
32 other frozen desserts made with liquor, wine, beer or cider as provided
33 in subdivision fifteen of section two hundred of the agriculture and
34 markets law shall not be regulated as an "alcoholic beverage" or "bever-
35 age" within the meaning of this section where the sale, delivery or
36 giving away is to a person aged twenty-one years or older. The sale,
37 delivery or giving away of ice cream or other frozen desserts made with
38 liquor, wine, beer or cider to a person under the age of twenty-one
39 years may be prosecuted administratively and/or criminally in accordance
40 with the provisions of this chapter.
41 § 4. This act shall take effect immediately.