S T A T E O F N E W Y O R K
________________________________________________________________________
8732
2019-2020 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Subdivisions 14 and 15 of section 200 of the agriculture
and markets law, as amended by chapter 118 of the laws of 2018, are
amended to read as follows:
14. If it is ice cream or other frozen desserts made with LIQUOR,
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 LIQUOR, 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 LIQUOR, 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 LIQUOR, wine, beer or cider or a combina-
tion thereof:
(A) The sale of this product to individuals under the age of twenty-
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
(B) This product is made with (insert LIQUOR, wine, beer and/or cider)
and contains alcohol up to five percent by volume.
(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 LIQUOR, wine, beer or
cider are made available to the public provided that such sign or poster
may refer to either LIQUOR, wine, beer or cider or a combination there-
of:
"THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR
CIDER) ICE CREAM OR OTHER FROZEN DESSERTS
The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR
OTHER FROZEN DESSERTS to individuals under the age of twenty-one years
is prohibited.
(INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN
DESSERTS contain alcohol up to five percent by volume.
NOTICE: (INSERT LIQUOR, 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:
(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 (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS."
(b) No manufacturer and/or distributor of ice cream or other frozen
desserts made with LIQUOR, 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 LIQUOR, wine, beer or cider,
unless, with each shipment, such manufacturer and/or distributor
provides:
(A) a written notice that individual servings of ice cream or other
frozen desserts made with LIQUOR, 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 ice cream or
other frozen desserts made with LIQUOR, wine, beer or cider for consump-
tion off the premises, unless, with each shipment, such manufacturer
and/or distributor provides:
(A) a written notice that packages of ice cream or other frozen
desserts made with LIQUOR, 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.
§ 2. Section 1352-c of the public health law, as amended by chapter
118 of the laws of 2018, is amended to read as follows:
A. 8732 3
§ 1352-c. Ice cream or other frozen desserts made with LIQUOR, wine,
beer or cider. No person shall sell at retail individual servings of ice
cream or other frozen desserts made with LIQUOR, wine, beer or cider
bearing or containing more than one-half of one percent but not more
than five percent of alcohol by volume, unless the following statements
are prominently 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 ice cream or
other frozen desserts made with LIQUOR, wine, beer or cider being
offered provided that such statements may refer to LIQUOR, wine, beer or
cider or a combination thereof:
1. The sale of (insert LIQUOR, wine, beer and/or cider) ice cream or
other frozen desserts to individuals under the age of twenty-one is
prohibited.
2. (Insert LIQUOR, wine, beer and/or cider) ice cream or other frozen
desserts contain alcohol up to five percent by volume.
3. Notice: (Insert LIQUOR, 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 118 of the laws of 2018, 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 LIQUOR, 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
LIQUOR, 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.