S T A T E   O F   N E W   Y O R K
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                                  8445

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M.  of A. ORTIZ, ROBINSON, AUBRY, ARROYO, THIELE -- 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-e to read as follows:
  7-E. "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-E 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
within sixty days of the effective date of this act when the caffeinated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04193-01-5
              

A. 8445                             2

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.