senate Bill S4054

Signed by Governor Amended

Relates to the sale of frozen desserts made with wine

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Bill Status


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

  • 15 / Mar / 2011
    • REFERRED TO AGRICULTURE
  • 23 / Mar / 2011
    • 1ST REPORT CAL.260
  • 24 / Mar / 2011
    • 2ND REPORT CAL.
  • 28 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 10 / May / 2011
    • AMENDED ON THIRD READING 4054A
  • 16 / May / 2011
    • PASSED SENATE
  • 16 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / May / 2011
    • REFERRED TO CODES
  • 17 / May / 2011
    • SUBSTITUTED FOR A2888A
  • 17 / May / 2011
    • ORDERED TO THIRD READING CAL.251
  • 17 / May / 2011
    • PASSED ASSEMBLY
  • 17 / May / 2011
    • RETURNED TO SENATE
  • 20 / May / 2011
    • DELIVERED TO GOVERNOR
  • 01 / Jun / 2011
    • SIGNED CHAP.42

Summary

Regulates frozen desserts made with wine bearing or containing more than one-half of one percent, but not more than five percent of alcohol by volume.

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Bill Details

Versions:
S4054
S4054A
Legislative Cycle:
2011-2012
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §200, Ag & Mkts L; amd §1352-c, Pub Health L; amd §3, ABC L
Versions Introduced in 2009-2010 Legislative Cycle:
S6780A

Votes

10
0
10
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S4054

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
frozen desserts made with wine

PURPOSE:
This bill would permit the manufacture and sale of frozen desserts
made with wine.

SUMMARY:
Section 1 amends subdivisions 14 and 15 of section 200 of the
agriculture and markets law by adding other frozen desserts made with
wine.

Section 2 amends section 1352-c of the public health law to provide
for warning statements on menus, menu boards and signs in
establishments where individual servings of frozen desserts made with
wine are sold at retail.

Section 3 amends subdivision one of section three of the alcoholic
beverage law to clarify that frozen desserts made with wine shall not
be regulated as an alcoholic beverage so long as certain restrictions
are met.

Section 4 provides for an effective date on the thirtieth day after it
shall have become law.

JUSTIFICATION:
New York agriculture continues to climb look for innovative ways to
expand market opportunities and create new products for consumers.
One way is to utilize products that are grown in the state from maple
cotton candy to wine flavored frozen desserts.

Current law provides for the sale of wine ice cream. This legislation
would expand the market by allowing the sale of frozen desserts such
as sorbet and sherbets made with wine.

As with confectionary, this bill would limit the percentage of
alcohol in frozen desserts to not more than five per centum of
alcohol by volume, prohibit its sale to persons less than twenty-one
years of age and requires product labeling and warning statements
similar to those established for confectionary that contains alcohol.
There's no doubt that the passage of this bill would help to expand
the grape and wine industry in the state by allowing such creative
desserts to be sold.

LEGISLATIVE HISTORY:
S.6780A of 2010 - Passed Senate

FISCAL IMPLICATIONS:
None to the state.


EFFECTIVE DATE:
This act shall take effect on the thirtieth day after
it becomes law.

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

                                  4054

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- 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 frozen desserts
  made with wine

  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 added by chapter 189 of the laws of 2008, the open-
ing paragraph of subparagraph (iii) of paragraph (a) of  subdivision  15
as  amended  by  chapter  341 of the laws of 2009, is amended to read as
follows:
  14. If it is ice cream OR OTHER FROZEN DESSERTS made with wine 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 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 for consumption off the premises where
sold unless:
  (i) each package is a sealed package containing at least one pint,  as
received from the manufacturer or distributor;
  (ii)  each  sealed  package  containing at least one pint, as received
from the manufacturer or distributor, in a format to be  established  or
approved  by  the  commissioner,  prominently bears the following state-
ments:
  (A) The sale of this product to individuals under the age  of  twenty-
one years is prohibited.
  (B)  This  product  is  made with wine 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.
                                                           LBD03566-01-1

S. 4054                             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 [wine] ice cream OR OTHER FROZEN DESSERTS MADE  WITH  WINE  are  made
available to the public:
      "THIS AREA CONTAINS WINE ICE CREAM AND OTHER FROZEN DESSERTS
                             MADE WITH WINE
  The  sale of WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE to
individuals under the age of twenty-one years is prohibited.
  WINE ICE CREAM [contains] OR OTHER  FROZEN  DESSERTS  MADE  WITH  WINE
CONTAIN alcohol up to five percent by volume.
  NOTICE:  WINE  ICE CREAM [contains] 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 OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE
WINE 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 shall sell such product:
  (i)  to  a  person  intending to sell at retail individual servings of
[wine] ice cream OR OTHER FROZEN DESSERTS MADE WITH WINE,  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 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; and
  (ii) to a person intending to sell at  retail  packages  of  wine  ice
cream  OR  OTHER  FROZEN DESSERTS MADE WITH WINE for consumption off the
premises, unless, with each shipment, such manufacturer and/or distribu-
tor provides:
  (A) a written notice that packages of wine ice cream OR  OTHER  FROZEN
DESSERTS  MADE  WITH  WINE 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.
  S 2. Section 1352-c of the public health law, as added by chapter  189
of the laws of 2008, is amended to read as follows:
  S 1352-c. Ice cream OR OTHER FROZEN DESSERTS made with wine. No person
shall  sell  at  retail individual servings of ice cream OR OTHER FROZEN
DESSERTS made with wine 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

S. 4054                             3

the bill of fare) immediately adjacent to the listing  of  the  item  or
items of wine ice cream OR OTHER FROZEN DESSERTS being offered:
  1.  The sale of wine ice cream OR OTHER FROZEN DESSERTS to individuals
under the age of twenty-one is prohibited.
  2. Wine ice cream [contains] OR OTHER FROZEN DESSERTS CONTAIN  alcohol
up to five percent by volume.
  3.  Notice: Wine ice cream [contains] OR OTHER FROZEN DESSERTS CONTAIN
alcohol used as a flavoring and, as with any product that contains alco-
hol:
  (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.
  S 3.  Subdivision 1 of section 3 of  the  alcoholic  beverage  control
law,  as  amended by chapter 189 of the laws of 2008, is amended to read
as follows:
  1. "Alcoholic beverage" or "beverage" mean and include alcohol,  spir-
its,  liquor,  wine,  beer, cider and every liquid or solid, 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 as provided  in  subdivision  fifteen  of
section  two  hundred  of  the  agriculture and markets law shall not be
regulated as an "alcoholic beverage" or "beverage" 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  made  with wine 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.
  S  4.   This act shall take effect on the thirtieth day after it shall
have become a law.

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