S T A T E   O F   N E W   Y O R K
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                                  5875

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by M. of A. ORTIZ, ROBINSON, AUBRY, STEVENSON -- Multi-Spon-
  sored by -- M. of A.   ARROYO, 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. 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
selling, delivering or giving away any caffeinated or stimulant-enhanced
alcoholic  beverage  to  a  distributor or manufacturer of such beverage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09615-01-3
              

A. 5875                             2

within sixty days of the effective date of this act when the caffeinated
or stimulant-enhanced beverage was received by the retail licensee prior
to the effective date of this  act.  Effective  immediately,  the  state
liquor authority is authorized to amend, add and/or repeal any rules and
regulations  necessary  to  implement  the  provisions of this act on or
before its effective date.