Assembly Bill A9044

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

                                  9044

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  requiring alcoholic beverages sold at retail for off-premises consump-
  tion include a calorie content value label

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

  Section 1. Section 105  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 24 to read as follows:
  24.  NO  RETAIL  LICENSEE  FOR OFF-PREMISES CONSUMPTION SHALL SELL ANY
ALCOHOLIC BEVERAGE WITHOUT A CALORIE CONTENT VALUE LABEL AFFIXED  TO  OR
IMPRINTED  UPON  THE  CONTAINER  OF  SUCH ALCOHOLIC BEVERAGE PURSUANT TO
SECTION ONE HUNDRED SEVEN-A OF THIS ARTICLE.
  S 2. Section 107-a of the alcoholic beverage control law is amended by
adding a new subdivision 6 to read as follows:
  6. (A) NO ALCOHOLIC BEVERAGE SHALL BE OFFERED FOR SALE FOR OFF-PREMIS-
ES CONSUMPTION UNLESS THERE IS A CALORIE CONTENT VALUE LABEL AFFIXED  TO
OR  IMPRINTED  UPON THE CONTAINER OF SUCH ALCOHOLIC BEVERAGE IN THE FORM
AND WITH THE CONTENT REQUIRED BY THIS SUBDIVISION. SUCH CALORIE  CONTENT
VALUE  SHALL  BE LISTED CLEARLY AND CONSPICUOUSLY ON THE BOTTLE, CAN, OR
OTHER SUCH CONTAINER OF THE ALCOHOLIC BEVERAGE IN A FONT AND FORMAT THAT
IS AT LEAST AS PROMINENT, IN SIZE AND APPEARANCE, AS THAT USED  TO  POST
THE  ALCOHOL  CONTENT  OF  SUCH ALCOHOLIC BEVERAGE. FOR PURPOSES OF THIS
SUBDIVISION, "CALORIE CONTENT VALUE" MEANS THE NUMBER OF CALORIES IN  AN
ALCOHOLIC BEVERAGE IN THE SIZE AND PORTION NORMALLY OFFERED FOR SALE, AS
DETERMINED PURSUANT TO A METHOD THAT COMPLIES WITH PARAGRAPH (B) OF THIS
SUBDIVISION.
  (B) CALORIE CONTENT VALUES REQUIRED BY THIS SUBDIVISION SHALL BE BASED
UPON  A  VERIFIABLE ANALYSIS OF AN ALCOHOLIC BEVERAGE, WHICH MAY INCLUDE
THE USE OF NUTRIENT DATABASES, LABORATORY  TESTING,  OR  OTHER  RELIABLE
METHODS  OF  ANALYSIS,  AND SHALL BE ROUNDED TO THE NEAREST TEN CALORIES
FOR CALORIE CONTENT VALUES ABOVE FIFTY CALORIES AND TO THE NEAREST  FIVE
CALORIES FOR CALORIE CONTENT VALUES OF FIFTY CALORIES OR BELOW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13629-02-6
              

A. 9044                             2

  S  3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date is authorized to be made on or before such date.