Assembly Bill A5171

2011-2012 Legislative Session

Prohibits the sale and delivery of certain caffeinated or stimulant-enhanced alcoholic beverages

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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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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5171 - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5875
2015-2016: A8445
2017-2018: A4229
2019-2020: A3879

2011-A5171 - Summary

Prohibits the sale and delivery of certain caffeinated or stimulant-enhanced alcoholic beverages.

2011-A5171 - Bill Text download pdf 

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

                                  5171

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

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

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  prohibiting  the  sale  of caffeinated or stimulant-enhanced alcoholic
  beverages

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

  Section  1.  Subdivision  3  of  section  3  of the alcoholic beverage
control law is amended and a new subdivision 7-c is  added  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  CAFFEINATED  OR STIMULANT-ENHANCED ALCOHOLIC BEVERAGE THAT CONTAINS
MORE THAN FIVE PER CENTUM OF ALCOHOL BY VOLUME, IN COMBINATION WITH MORE
THAN SIX MILLIGRAMS PER  OUNCE  OF  CAFFEINE  OR  ANY  OTHER  STIMULANT,
INCLUDING,  BUT  NOT  LIMITED  TO, GUARANA, GINSENG, TAURINE OR WORMWOOD
OIL, THAT HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF CAFFEINE.
  7-C.  "CAFFEINATED OR STIMULANT-ENHANCED ALCOHOLIC BEVERAGE" MEANS AND
INCLUDES ANY ALCOHOLIC BEVERAGE OF ANY NAME OR DESCRIPTION THAT IS MANU-
FACTURED FROM MALT, WHOLLY OR IN PART, OR FROM ANY  SUBSTITUTE  THEREFOR
INCLUDING,  BUT  NOT LIMITED TO, LIQUOR, SPIRITS OR WINE; AND CONTAINING
MORE THAN FIVE PER CENTUM AND NOT MORE THAN FIFTEEN PER  CENTUM  ALCOHOL
BY  VOLUME,  IN  COMBINATION  WITH MORE THAN SIX MILLIGRAMS PER OUNCE OF
CAFFEINE OR ANY OTHER STIMULANT, INCLUDING, BUT NOT LIMITED TO  GUARANA,
GINSENG,  TAURINE OR WORMWOOD OIL, THAT HAS AN EQUIVALENT EFFECT AS SUCH
QUANTITY OF CAFFEINE. FOR THE PURPOSES OF THIS CHAPTER,  CAFFEINATED  OR
STIMULANT-ENHANCED  BEVERAGES SHALL NOT BE CONSIDERED BEER OR WINE PROD-
UCT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05014-01-1

co-Sponsors

multi-Sponsors

2011-A5171A (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5875
2015-2016: A8445
2017-2018: A4229
2019-2020: A3879

2011-A5171A (ACTIVE) - Summary

Prohibits the sale and delivery of certain caffeinated or stimulant-enhanced alcoholic beverages.

2011-A5171A (ACTIVE) - Bill Text download pdf 

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

                                 5171--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M.  of  A. ORTIZ, ROBINSON, AUBRY, N. RIVERA, STEVENSON,
  P. RIVERA -- Multi-Sponsored by -- M. of A. ARROYO,  McENENY,  THIELE,
  WEISENBERG  --  read  once  and  referred to the Committee on Economic
  Development -- 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 caffeinated  or  stimulant-enhanced  alcoholic
  beverages

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

  Section 1. Section 3 of the alcoholic beverage control law is  amended
by adding a new subdivision 7-c to read as follows:
  7-C.  "CAFFEINATED OR STIMULANT-ENHANCED ALCOHOLIC BEVERAGE" MEANS AND
INCLUDES A BEER OR WINE PRODUCT THAT CONTAINS MORE THAN SIX  PER  CENTUM
ALCOHOL  BY VOLUME AND AN UNSAFE FOOD ADDITIVE. FOR THE PURPOSES OF THIS
SUBDIVISION, "UNSAFE FOOD ADDITIVE"  SHALL  HAVE  THE  SAME  MEANING  AS
PROVIDED  IN THE FEDERAL FOOD, DRUG, AND COSMETIC ACT (21 U.S.C.  S 348)
AND SHALL INCLUDE, BUT NOT BE LIMITED TO, CAFFEINE OR  OTHER  STIMULANTS
DIRECTLY ADDED TO AN ALCOHOLIC BEVERAGE AS A SEPARATE INGREDIENT WITHOUT
APPROVAL  BY  FEDERAL  REGULATION OR ACKNOWLEDGEMENT AS GENERALLY RECOG-
NIZED AS SAFE.
  S 2. Section 100 of the alcoholic beverage control law is  amended  by
adding a new subdivision 8 to read as follows:
  8.  NO LICENSEE, PERMITTEE OR PERSON SHALL SELL, DELIVER OR GIVE AWAY,
OR CAUSE, PERMIT OR PROCURE TO BE SOLD,  DELIVERED  OR  GIVEN  AWAY  ANY
CAFFEINATED  OR  STIMULANT-ENHANCED  ALCOHOLIC  BEVERAGE,  AS DEFINED IN
SUBDIVISION SEVEN-C OF SECTION THREE OF THIS CHAPTER.
  S 3. 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
shall  not  be deemed to prohibit any person, licensed to sell alcoholic
beverages at retail for on-premises or  off-premises  consumption,  from

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05014-05-1

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