senate Bill S7217A

2013-2014 Legislative Session

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

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Sponsored By

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 (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to economic development
delivered to assembly
passed senate
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1096
May 09, 2014 print number 7217a
amend (t) and recommit to investigations and government operations
May 06, 2014 referred to investigations and government operations

Votes

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Jun 2, 2014 - Investigations and Government Operations committee Vote

S7217A
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jun 2, 2014

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S7217 - Bill Details

See Assembly Version of this Bill:
A9615
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L

S7217 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S7217

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to prohibiting the sale of concentrated alcoholic beverages

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:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

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

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

                                  7217

                            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

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  prohibiting the sale of concentrated 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-e to read as follows:
  7-E.  "CONCENTRATED  ALCOHOLIC  BEVERAGE" MEANS ANY POWDERS, CRYSTALS,
LIQUID OR OTHER SUBSTANCE WHICH, AFTER BEING MIXED WITH SUGAR, WATER  OR
ANY OTHER NONALCOHOLIC MATERIALS, FERMENTS OR OTHERWISE BECOMES AN ALCO-
HOLIC BEVERAGE.
  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, OR OFFER FOR SALE ANY CONCENTRATED ALCOHOL-
IC BEVERAGE.
  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.
                                                           LBD14942-01-4

Co-Sponsors

S7217A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9615
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L

S7217A (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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