S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8732
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced by M. of A. LUPARDO, WOERNER, CROUCH, HAWLEY -- read once and
   referred 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 authorizing the
   manufacture and sale of ice cream and other frozen desserts made  with
   liquor

   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 118 of the laws of 2018, are
 amended to read as follows:
   14. If it is ice cream or other  frozen  desserts  made  with  LIQUOR,
 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  LIQUOR,  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 LIQUOR, 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 LIQUOR, wine, beer or cider or a combina-
 tion thereof:
   (A) The sale of this product to individuals under the age  of  twenty-
 one years is prohibited.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14059-01-9
              

 A. 8732                             2
 
   (B) This product is made with (insert LIQUOR, wine, beer and/or cider)
 and contains alcohol up to five percent by volume.
   (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 LIQUOR, wine, beer or
 cider are made available to the public provided that such sign or poster
 may refer to either LIQUOR, wine, beer or cider or a combination  there-
 of:
           "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR
                 CIDER) ICE CREAM OR OTHER FROZEN DESSERTS
   The  sale  of  (INSERT  LIQUOR,  WINE, BEER AND/OR CIDER) ICE CREAM OR
 OTHER FROZEN DESSERTS to individuals under the age of  twenty-one  years
 is prohibited.
   (INSERT  LIQUOR,  WINE,  BEER  AND/OR CIDER) ICE CREAM OR OTHER FROZEN
 DESSERTS contain alcohol up to five percent by volume.
   NOTICE: (INSERT LIQUOR, 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:
   (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 (INSERT LIQUOR, WINE, BEER AND/OR CIDER)  ICE  CREAM  OR  OTHER
 FROZEN DESSERTS."
   (b)  No  manufacturer  and/or distributor of ice cream or other frozen
 desserts made with LIQUOR, 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 LIQUOR, wine,  beer  or  cider,
 unless,   with  each  shipment,  such  manufacturer  and/or  distributor
 provides:
   (A) a written notice that individual servings of ice  cream  or  other
 frozen  desserts  made  with  LIQUOR, 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 ice cream  or
 other frozen desserts made with LIQUOR, wine, beer or cider for consump-
 tion  off  the  premises,  unless, with each shipment, such manufacturer
 and/or distributor provides:
   (A) a written notice that  packages  of  ice  cream  or  other  frozen
 desserts  made  with  LIQUOR,  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.
   §  2.  Section  1352-c of the public health law, as amended by chapter
 118 of the laws of 2018, is amended to read as follows:

 A. 8732                             3
 
   § 1352-c. Ice cream or other frozen desserts made with  LIQUOR,  wine,
 beer or cider. No person shall sell at retail individual servings of ice
 cream  or  other  frozen  desserts made with LIQUOR, wine, beer or cider
 bearing or containing more than one-half of one  percent  but  not  more
 than  five percent of alcohol by volume, unless the following statements
 are prominently 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 ice cream or
 other frozen desserts made  with  LIQUOR,  wine,  beer  or  cider  being
 offered provided that such statements may refer to LIQUOR, wine, beer or
 cider or a combination thereof:
   1.  The  sale of (insert LIQUOR, wine, beer and/or cider) ice cream or
 other frozen desserts to individuals under  the  age  of  twenty-one  is
 prohibited.
   2.  (Insert LIQUOR, wine, beer and/or cider) ice cream or other frozen
 desserts contain alcohol up to five percent by volume.
   3. Notice: (Insert LIQUOR, 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  118 of the laws of 2018, 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 LIQUOR, 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
 LIQUOR, 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.