The New York State Senate

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

                                  8830

                            I N  S E N A T E

                              May 23, 2018
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, the public  health  law
  and  the  alcoholic  beverage control law, in relation to ice cream or
  other frozen desserts made with wine, beer or cider

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

  Section  1.  Subdivisions  14 and 15 of section 200 of the agriculture
and markets law, as amended by chapter 42 of the laws of 2011,  subpara-
graph  (i)  and  the opening paragraph of subparagraph (ii) of paragraph
(a) of subdivision 15 as amended by chapter 40 of the laws of 2017,  are
amended to read as follows:
  14.  If  it is ice cream or other frozen desserts made with wine, BEER
OR CIDER bearing or containing more than  five  percent  of  alcohol  by
volume.
  15.  With  respect  to  the manufacture and sale of ice cream or other
frozen desserts made with wine, BEER OR CIDER bearing or containing more
than one-half of one percent, but not more than five percent of  alcohol
by volume:
  (a)  No  person  shall  sell  at retail packages of ice cream or other
frozen desserts made with wine, BEER OR CIDER for  consumption  off  the
premises where sold unless:
  (i) each package is a sealed package, as received from the manufactur-
er or distributor;
  (ii)  each  sealed  package,  as  received  from  the  manufacturer or
distributor, in a format to be established or approved  by  the  commis-
sioner,  prominently  bears the following statements, PROVIDED THAT SUCH
STATEMENTS MAY REFER TO EITHER WINE, BEER  OR  CIDER  OR  A  COMBINATION
THEREOF:
  (A)  The  sale of this product to individuals under the age of twenty-
one years is prohibited.
  (B) This product is made with [wine] (INSERT WINE, BEER AND/OR  CIDER)
and contains alcohol up to five percent by volume.

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

                                                           LBD15924-03-8

S. 8830                             2

  (C)  Notice. This product contains alcohol used as a flavoring and, as
with any product that contains alcohol:
  (1)  women  should not consume alcohol during pregnancy because of the
risk of birth defects, and
  (2) consumption of alcohol impairs your ability  to  drive  a  car  or
operate machinery, and may cause health problems.
  (iii)  the following advisory, on a sign or poster not less than seven
inches by five inches, in a format to be established or approved by  the
commissioner,  is  displayed prominently at each location where packages
of ice cream or other frozen desserts made with wine, BEER OR CIDER  are
made available to the public PROVIDED THAT SUCH SIGN OR POSTER MAY REFER
TO EITHER WINE, BEER OR CIDER OR A COMBINATION THEREOF:
          "THIS AREA CONTAINS [WINE] (INSERT WINE, BEER AND/OR
       CIDER) ICE CREAM OR OTHER FROZEN DESSERTS [MADE WITH WINE]
  The sale of [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN  DESSERTS  [MADE WITH WINE] to individuals under the age of twen-
ty-one years is prohibited.
  [WINE] (INSERT WINE, BEER AND/OR CIDER)  ICE  CREAM  OR  OTHER  FROZEN
DESSERTS [MADE WITH WINE] contain alcohol up to five percent by volume.
  NOTICE:  [WINE]  (INSERT  WINE,  BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS [MADE WITH WINE] contain alcohol  used  as  a  flavoring
and, as with any product that contains alcohol:
  (1)  women  should not consume alcohol during pregnancy because of the
risk of birth defects, and
  (2) consumption of alcohol impairs your ability  to  drive  a  car  or
operate machinery, and may cause health problems.
  IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE  TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU-
DULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF  ATTEMPTING  TO
PURCHASE  [WINE]  (INSERT  WINE,  BEER  AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS [MADE WITH WINE]."
  (b) No manufacturer and/or distributor of ice cream  or  other  frozen
desserts made with wine, BEER OR CIDER shall sell such product:
  (i) to a person intending to sell at retail individual servings of ice
cream  or  other  frozen desserts made with wine, BEER OR CIDER, unless,
with each shipment, such manufacturer and/or distributor provides:
  (A) a written notice that individual servings of [wine] ice  cream  or
other  frozen  desserts  made  with  wine,  BEER OR CIDER may be sold at
retail only where the retailer complies with all of the requirements set
forth in paragraph (a) of this subdivision, and
  (B) a written copy of such requirements; and
  (ii) to a person intending to sell at retail packages  of  [wine]  ice
cream  or  other  frozen  desserts  made  with  wine,  BEER OR CIDER for
consumption off the premises, unless, with each shipment, such  manufac-
turer and/or distributor provides:
  (A) a written notice that packages of [wine] ice cream or other frozen
desserts  made with wine, BEER OR CIDER may be sold at retail only where
the retailer complies with all of the requirements set  forth  in  para-
graph (a) of this subdivision, and
  (B) a written copy of such requirements.
  §  2.  Section 1352-c of the public health law, as added by chapter 42
of the laws of 2011, is amended to read as follows:
  § 1352-c. Ice cream or other frozen desserts made with wine,  BEER  OR
CIDER.  No  person shall sell at retail individual servings of ice cream
or other frozen desserts made  with  wine,  BEER  OR  CIDER  bearing  or
containing  more  than  one-half  of  one percent but not more than five

S. 8830                             3

percent of alcohol by volume, unless the following statements are promi-
nently displayed on the printed menu (or, if no printed menus are  used,
on  the  menu  board or sign setting forth the bill of fare) immediately
adjacent  to  the  listing  of  the item or items of [wine] ice cream or
other frozen desserts MADE  WITH  WINE,  BEER  OR  CIDER  being  offered
PROVIDED  THAT  SUCH  STATEMENTS  MAY  REFER TO WINE, BEER OR CIDER OR A
COMBINATION THEREOF:
  1. The sale of [wine] (INSERT WINE, BEER AND/OR CIDER)  ice  cream  or
other  frozen  desserts  to  individuals  under the age of twenty-one is
prohibited.
  2. [Wine] (INSERT WINE, BEER AND/OR CIDER) ice cream or  other  frozen
desserts contain alcohol up to five percent by volume.
  3.  Notice: [Wine] (INSERT WINE, BEER AND/OR CIDER) ice cream or other
frozen desserts contain alcohol used as a flavoring  and,  as  with  any
product that contains alcohol:
  (a)  women  should not consume alcohol during pregnancy because of the
risk of birth defects, and
  (b) consumption of alcohol impairs your ability  to  drive  a  car  or
operate machinery, and may cause health problems.
  § 3. Subdivision 1 of section 3 of the alcoholic beverage control law,
as  amended  by  chapter  231 of the laws of 2015, is amended to read as
follows:
  1. "Alcoholic beverage" or "beverage" mean and include alcohol,  spir-
its,  liquor, wine, beer, cider and every liquid, solid, powder or crys-
tal, 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,  BEER  OR  CIDER  as  provided  in
subdivision  fifteen  of  section  two  hundred  of  the agriculture and
markets law shall not be regulated as an "alcoholic beverage" or "bever-
age" 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 OR OTHER FROZEN DESSERTS made  with
wine, BEER OR CIDER 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.
  § 4. This act shall take effect immediately.