Assembly Bill A5168

2011-2012 Legislative Session

Designates as liquor, for purposes of sale and distribution, certain alcoholic beverages containing caffeine or other stimulants

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5168 (ACTIVE) - Details

See Senate Version of this Bill:
S2798
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง3, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8506
2013-2014: A5921

2011-A5168 (ACTIVE) - Summary

Designates as liquor, for purposes of sale and distribution, certain alcoholic beverages containing caffeine or other stimulants.

2011-A5168 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5168

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M. of A. ORTIZ, P. RIVERA, STEVENSON, AUBRY, ROBINSON --
  Multi-Sponsored by -- M. of A. ARROYO, McENENY, THIELE  --  read  once
  and referred to the Committee on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  including, for the purposes of distribution and retail  sale,  certain
  alcoholic  beverages  containing  a stimulant within the definition of
  "liquor"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 3 and 19 of section 3 of the alcoholic bever-
age control law are amended to read as follows:
  3. "Beer" means and includes any fermented beverages of  any  name  or
description  manufactured  from  malt,  wholly  or  in part, or from any
substitute therefor; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE
ANY ALCOHOLIC BEVERAGE THAT CONTAINS MORE THAN TWO PER CENTUM ALCOHOL BY
VOLUME, IN COMBINATION WITH MORE  THAN  FIVE  MILLIGRAMS  PER  OUNCE  OF
CAFFEINE  OR ANY OTHER STIMULANT INCLUDING, BUT NOT LIMITED TO, GUARANA,
GINSENG OR TAURINE THAT HAS AN EQUIVALENT EFFECT  AS  SUCH  QUANTITY  OF
CAFFEINE.
  19.  "Liquor"  means  and  includes any and all distilled or rectified
spirits, brandy, whiskey, rum, gin, cordials or similar distilled  alco-
holic  beverages, including all dilutions and mixtures of one or more of
the foregoing; PROVIDED, FURTHER, THAT SOLELY FOR THE  PURPOSES  OF  THE
DISTRIBUTION, WHOLESALE AND RETAIL SALE THEREOF, SUCH TERM SHALL INCLUDE
ANY ALCOHOLIC BEVERAGE THAT CONTAINS MORE THAN TWO PER CENTUM ALCOHOL BY
VOLUME,  IN  COMBINATION  WITH  MORE  THAN  FIVE MILLIGRAMS PER OUNCE OF
CAFFEINE OR ANY OTHER STIMULANT INCLUDING, BUT NOT LIMITED TO,  GUARANA,
GINSENG  OR  TAURINE  THAT  HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF
CAFFEINE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the  provisions  of  this  act

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05016-01-1

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