Assembly Bill A4229

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4229 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5171
2013-2014: A5875
2015-2016: A8445
2019-2020: A3879

2017-A4229 (ACTIVE) - Summary

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

2017-A4229 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4229
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A. ORTIZ, 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.  §  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.
   §  2.  Section 100 of the alcoholic beverage control law is amended by
 adding a new subdivision 9 to read as follows:
   9. 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.
   § 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.

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