senate Bill S7217A

Prohibits the sale or offering for sale of any powdered or crystalline alcohol product

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Bill Status


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

  • 06 / May / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 09 / May / 2014
    • AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 09 / May / 2014
    • PRINT NUMBER 7217A
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1096
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Prohibits the sale or offering for sale of any powdered or crystalline alcohol product.

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Bill Details

See Assembly Version of this Bill:
A9615
Versions:
S7217
S7217A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง3 & 100, ABC L

Sponsor Memo

BILL NUMBER:S7217A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to prohibiting the sale of any powdered or crystalline
alcohol product

PURPOSE: Prohibits the sale or offering for sale of concentrated
alcoholic beverages.

SUMMARY OF PROVISIONS:

Section 1 of this law amends section 3 of the alcoholic beverage
control law by adding new subdivision 7-e to define the term
"concentrated alcoholic beverage." Section 2 amends Section 100 of the
alcoholic beverage control law by adding a new subdivision 1-a banning
the sale of any concentrated alcoholic beverages. Section 3 states the
effective date is the thirtieth day after the bill has become law.

JUSTIFICATION: Powdered alcohol or "concentrated alcoholic beverages"
are dangerous and completely unnecessary items. The alcohol is freeze
dried in order to make it more portable and then, of course, easier to
conceal. The makers of the freeze dried alcohol say that the product
is intended for hikers or backpackers. Apparently, powder would allow
them to more easily transport the product than a liquid. However,
because it is so easy to transport and hide it has the potential to be
used illegally by youths, and brought to venues that prohibit alcohol.
In addition there is a larger chance of overdose due to improper
mixing.

The FDA approved powdered alcohol on April 20th, 2014 but quickly
rescinded the approval stating that it has been made in 'error.'
Alaska has outlawed powdered alcohol and as of May 1, 2014 there is
pending legislation to ban powdered alcohol in Minnesota. This
legislation will ban this product in NYS should the FDA decide to
change their decision again to allow for the product to be marketed in
the United States.

LEGISLATIVE HISTORY: New.

FISCAL IMPLICATIONS: To be determined.

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

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

                                 7217--A

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  prohibiting the sale of any powdered or crystalline alcohol product

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

  Section  1.  Subdivision  1  of  section  3  of the alcoholic beverage
control law, as amended by chapter 42 of the laws of 2011, 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, POWDER OR
CRYSTAL, 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  2.  Section 100 of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO PERSON SHALL SELL, OFFER FOR SALE, OR  OTHERWISE  PROVIDE  FOR
OFF-PREMISES CONSUMPTION, ANY POWDERED OR CRYSTALLINE ALCOHOLIC PRODUCT.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14942-02-4

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