S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8010
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
              

 S. 8010                             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.