The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7013
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 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.
   (B) This product is made with (insert LIQUOR, 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.
                                                            LBD14059-01-9

 S. 7013                             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 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:
   §  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

 S. 7013                             3
 
 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.