S T A T E O F N E W Y O R K
________________________________________________________________________
10827
I N A S S E M B L Y
May 21, 2018
___________
Introduced by M. of A. MAGEE -- 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 ice cream or
other frozen desserts made with wine, beer or cider
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 14 and 15 of section 200 of the agriculture
and markets law, as amended by chapter 42 of the laws of 2011, subpara-
graph (i) and the opening paragraph of subparagraph (ii) of paragraph
(a) of subdivision 15 as amended by chapter 40 of the laws of 2017, are
amended to read as follows:
14. If it is ice cream or other frozen desserts made with wine, BEER
OR CIDER bearing or containing more than five percent of alcohol by
volume.
15. With respect to the manufacture and sale of ice cream or other
frozen desserts made with wine, BEER OR CIDER bearing or containing more
than one-half of one percent, but not more than five percent of alcohol
by volume:
(a) No person shall sell at retail packages of ice cream or other
frozen desserts made with wine, BEER OR CIDER for consumption off the
premises where sold unless:
(i) each package is a sealed package, as received from the manufactur-
er or distributor;
(ii) each sealed package, as received from the manufacturer or
distributor, in a format to be established or approved by the commis-
sioner, prominently bears the following statements, PROVIDED THAT SUCH
STATEMENTS MAY REFER TO EITHER WINE, BEER OR CIDER OR A COMBINATION
THEREOF:
(A) The sale of this product to individuals under the age of twenty-
one years is prohibited.
(B) This product is made with [wine] (INSERT WINE, BEER AND/OR CIDER)
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.
LBD15924-03-8
A. 10827 2
(C) Notice. This product contains alcohol used as a flavoring and, as
with any product that contains alcohol:
(1) women should not consume alcohol during pregnancy because of the
risk of birth defects, and
(2) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.
(iii) the following advisory, on a sign or poster not less than seven
inches by five inches, in a format to be established or approved by the
commissioner, is displayed prominently at each location where packages
of ice cream or other frozen desserts made with wine, BEER OR CIDER are
made available to the public PROVIDED THAT SUCH SIGN OR POSTER MAY REFER
TO EITHER WINE, BEER OR CIDER OR A COMBINATION THEREOF:
"THIS AREA CONTAINS [WINE] (INSERT WINE, BEER AND/OR
CIDER) ICE CREAM OR OTHER FROZEN DESSERTS [MADE WITH WINE]
The sale of [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS [MADE WITH WINE] to individuals under the age of twen-
ty-one years is prohibited.
[WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN
DESSERTS [MADE WITH WINE] contain alcohol up to five percent by volume.
NOTICE: [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS [MADE WITH WINE] contain alcohol used as a flavoring
and, as with any product that contains alcohol:
(1) women should not consume alcohol during pregnancy because of the
risk of birth defects, and
(2) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU-
DULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO
PURCHASE [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS [MADE WITH WINE]."
(b) No manufacturer and/or distributor of ice cream or other frozen
desserts made with wine, BEER OR CIDER shall sell such product:
(i) to a person intending to sell at retail individual servings of ice
cream or other frozen desserts made with wine, BEER OR CIDER, unless,
with each shipment, such manufacturer and/or distributor provides:
(A) a written notice that individual servings of [wine] ice cream or
other frozen desserts made with wine, BEER OR CIDER may be sold at
retail only where the retailer complies with all of the requirements set
forth in paragraph (a) of this subdivision, and
(B) a written copy of such requirements; and
(ii) to a person intending to sell at retail packages of [wine] ice
cream or other frozen desserts made with wine, BEER OR CIDER for
consumption off the premises, unless, with each shipment, such manufac-
turer and/or distributor provides:
(A) a written notice that packages of [wine] ice cream or other frozen
desserts made with wine, BEER OR CIDER may be sold at retail only where
the retailer complies with all of the requirements set forth in para-
graph (a) of this subdivision, and
(B) a written copy of such requirements.
§ 2. Section 1352-c of the public health law, as added by chapter 42
of the laws of 2011, is amended to read as follows:
§ 1352-c. Ice cream or other frozen desserts made with wine, BEER OR
CIDER. No person shall sell at retail individual servings of ice cream
or other frozen desserts made with wine, BEER OR CIDER bearing or
containing more than one-half of one percent but not more than five
A. 10827 3
percent of alcohol by volume, unless the following statements are promi-
nently displayed on the printed menu (or, if no printed menus are used,
on the menu board or sign setting forth the bill of fare) immediately
adjacent to the listing of the item or items of [wine] ice cream or
other frozen desserts MADE WITH WINE, BEER OR CIDER being offered
PROVIDED THAT SUCH STATEMENTS MAY REFER TO WINE, BEER OR CIDER OR A
COMBINATION THEREOF:
1. The sale of [wine] (INSERT WINE, BEER AND/OR CIDER) ice cream or
other frozen desserts to individuals under the age of twenty-one is
prohibited.
2. [Wine] (INSERT WINE, BEER AND/OR CIDER) ice cream or other frozen
desserts contain alcohol up to five percent by volume.
3. Notice: [Wine] (INSERT WINE, BEER AND/OR CIDER) ice cream or other
frozen desserts contain alcohol used as a flavoring and, as with any
product that contains alcohol:
(a) women should not consume alcohol during pregnancy because of the
risk of birth defects, and
(b) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.
§ 3. Subdivision 1 of section 3 of the alcoholic beverage control law,
as amended by chapter 231 of the laws of 2015, is amended to read as
follows:
1. "Alcoholic beverage" or "beverage" mean and include alcohol, spir-
its, liquor, wine, beer, cider and every liquid, solid, powder or crys-
tal, patented or not, containing alcohol, spirits, wine or beer and
capable of being consumed by a human being, and any warehouse receipt,
certificate, contract or other document pertaining thereto; except that
confectionery containing alcohol as provided by subdivision twelve of
section two hundred of the agriculture and markets law and ice cream and
other frozen desserts made with wine, BEER OR CIDER as provided in
subdivision fifteen of section two hundred of the agriculture and
markets law shall not be regulated as an "alcoholic beverage" or "bever-
age" within the meaning of this section where the sale, delivery or
giving away is to a person aged twenty-one years or older. The sale,
delivery or giving away of ice cream OR OTHER FROZEN DESSERTS made with
wine, BEER OR CIDER to a person under the age of twenty-one years may be
prosecuted administratively and/or criminally in accordance with the
provisions of this chapter.
§ 4. This act shall take effect immediately.