S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7860
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   including  spirit-based  ready-to-drink cocktails in the definition of
   beverage; and to amend the environmental conservation law, in relation
   to including ready-to-drink  cocktail  containers  under  the  state's
   bottle deposit system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds  and
 declares  that  the increasing popularity of spirit-based ready-to-drink
 (RTD) cocktails has led to a significant rise in the number  of  single-
 use  beverage  containers sold throughout New York state. Although malt-
 based RTD beverages are already covered under the  returnable  container
 act,  spirit-based  RTDs  are  excluded from the law. This exclusion has
 contributed to disproportionate levels of litter and improper disposal.
   It is estimated that over 100 million spirit-based RTD containers  are
 sold  annually  in New York state, and without a redemption incentive, a
 large portion of these containers are discarded improperly, ending up in
 parks, streets, waterways, and landfills. Including spirit-based RTDs in
 the state's bottle deposit system will reduce litter, support  recycling
 efforts,  and  bring  consistency  and  fairness to how all single-serve
 beverages are regulated.
   § 2. Section 3 of the alcoholic beverage control  law  is  amended  by
 adding a new subdivision 23-a to read as follows:
   23-A.  "READY-TO-DRINK  COCKTAIL"  OR  "RTD  COCKTAIL"  SHALL  MEAN  A
 PREMIXED  BEVERAGE  CONTAINING  DISTILLED  SPIRITS,  NOT  EXCEEDING  SIX
 PERCENT  ALCOHOL BY VOLUME, THAT IS PACKAGED FOR SALE IN SEALED CONTAIN-
 ERS FOR OFF-PREMISES CONSUMPTION. THE TERM "READY-TO-DRINK COCKTAIL"  OR
 "RTD COCKTAIL" SHALL NOT INCLUDE MALT-BASED BEVERAGES OR WINE PRODUCTS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11558-01-5
 A. 7860                             2
              

 
   §  3.  Subdivision 1 of section 27-1003 of the environmental conserva-
 tion law, as amended by section 2 of part SS of chapter 59 of  the  laws
 of 2009, is amended to read as follows:
   1.  "Beverage"  means  carbonated soft drinks, water, beer, other malt
 beverages, READY-TO-DRINK COCKTAILS, AS DEFINED IN  SUBDIVISION  TWENTY-
 THREE-A  OF  SECTION  THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, and a
 wine product as defined in subdivision thirty-six-a of section three  of
 the  alcoholic beverage control law. "Malt beverages" means any beverage
 obtained by the alcoholic  fermentation  or  infusion  or  decoction  of
 barley, malt, hops, or other wholesome grain or cereal and water includ-
 ing,  but  not  limited  to ale, stout or malt liquor. "Water" means any
 beverage identified through the use of letters, words or symbols on  its
 product label as a type of water, including any flavored water or nutri-
 tionally  enhanced  water,  provided,  however,  that  "water"  does not
 include any beverage identified as a type of water to which a sugar  has
 been added.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.