senate Bill S3889A

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 - Passed Senate


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2012 referred to economic development
delivered to assembly
passed senate
Feb 06, 2012 advanced to third reading
Jan 31, 2012 2nd report cal.
Jan 30, 2012 1st report cal.142
Jan 04, 2012 referred to alcoholism and drug abuse
returned to senate
died in assembly
Jun 06, 2011 referred to economic development
delivered to assembly
passed senate
May 09, 2011 amended on third reading 3889a
Apr 11, 2011 advanced to third reading
Apr 06, 2011 2nd report cal.
Apr 05, 2011 1st report cal.310
Mar 28, 2011 reported and committed to commerce, economic development and small business
Mar 09, 2011 committee discharged and committed to alcoholism and drug abuse
Mar 08, 2011 referred to investigations and government operations

Votes

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Jan 30, 2012 - Alcoholism and Drug Abuse committee Vote

S3889A
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: Jan 30, 2012

excused (1)

Apr 5, 2011 - Commerce, Economic Development and Small Business committee Vote

S3889
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 28, 2011 - Alcoholism and Drug Abuse committee Vote

S3889
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 28, 2011

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3889 - Details

See Assembly Version of this Bill:
A5171A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S8509

S3889 - Summary

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

S3889 - Sponsor Memo

S3889 - Bill Text download pdf

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

                                  3889

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by Sens. KLEIN, ESPAILLAT -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

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

view additional co-sponsors

S3889A (ACTIVE) - Details

See Assembly Version of this Bill:
A5171A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S8509

S3889A (ACTIVE) - Summary

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

S3889A (ACTIVE) - Sponsor Memo

S3889A (ACTIVE) - Bill Text download pdf

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

                                 3889--A
    Cal. No. 310

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sens. KLEIN, AVELLA, ESPAILLAT -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations --  committee  discharged  and  said
  bill  committed  to  the  Committee  on  Alcoholism  and Drug Abuse --
  reported favorably from said committee and committed to the  Committee
  on  Commerce,  Economic  Development  and  Small  Business -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

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.

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

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