STATE OF NEW YORK
        ________________________________________________________________________

                                          7013

                    IN SENATE

                                       (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:

     1    Section  1.  Subdivisions  14 and 15 of section 200 of the agriculture
     2  and markets law, as amended by chapter 118 of  the  laws  of  2018,  are
     3  amended to read as follows:
     4    14.  If  it  is  ice  cream or other frozen desserts made with liquor,
     5  wine, beer or cider bearing or containing  more  than  five  percent  of
     6  alcohol by volume.
     7    15.  With  respect  to  the manufacture and sale of ice cream or other
     8  frozen desserts made  with  liquor,  wine,  beer  or  cider  bearing  or
     9  containing  more  than  one-half  of one percent, but not more than five
    10  percent of alcohol by volume:
    11    (a) No person shall sell at retail packages  of  ice  cream  or  other
    12  frozen  desserts  made  with liquor, wine, beer or cider for consumption
    13  off the premises where sold unless:
    14    (i) each package is a sealed package, as received from the manufactur-
    15  er or distributor;
    16    (ii) each  sealed  package,  as  received  from  the  manufacturer  or
    17  distributor,  in  a  format to be established or approved by the commis-
    18  sioner, prominently bears the following statements, provided  that  such
    19  statements may refer to either liquor, wine, beer or cider or a combina-
    20  tion thereof:
    21    (A)  The  sale of this product to individuals under the age of twenty-
    22  one years is prohibited.
    23    (B) This product is made with (insert liquor, wine, beer and/or cider)
    24  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

     1    (C) Notice. This product contains alcohol used as a flavoring and,  as
     2  with any product that contains alcohol:
     3    (1)  women  should not consume alcohol during pregnancy because of the
     4  risk of birth defects, and
     5    (2) consumption of alcohol impairs your ability  to  drive  a  car  or
     6  operate machinery, and may cause health problems.
     7    (iii)  the following advisory, on a sign or poster not less than seven
     8  inches by five inches, in a format to be established or approved by  the
     9  commissioner,  is  displayed prominently at each location where packages
    10  of ice cream or other frozen desserts made with liquor,  wine,  beer  or
    11  cider are made available to the public provided that such sign or poster
    12  may  refer to either liquor, wine, beer or cider or a combination there-
    13  of:
    14            "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR
    15                  CIDER) ICE CREAM OR OTHER FROZEN DESSERTS
    16    The sale of (INSERT LIQUOR, WINE, BEER  AND/OR  CIDER)  ICE  CREAM  OR
    17  OTHER  FROZEN  DESSERTS to individuals under the age of twenty-one years
    18  is prohibited.
    19    (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE  CREAM  OR  OTHER  FROZEN
    20  DESSERTS contain alcohol up to five percent by volume.
    21    NOTICE:  (INSERT  LIQUOR,  WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
    22  FROZEN DESSERTS contain alcohol used as a flavoring  and,  as  with  any
    23  product that contains alcohol:
    24    (1)  women  should not consume alcohol during pregnancy because of the
    25  risk of birth defects, and
    26    (2) consumption of alcohol impairs your ability  to  drive  a  car  or
    27  operate machinery, and may cause health problems.
    28    IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
    29  TWENTY-ONE  TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU-
    30  DULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF  ATTEMPTING  TO
    31  PURCHASE  (INSERT  LIQUOR,  WINE,  BEER AND/OR CIDER) ICE CREAM OR OTHER
    32  FROZEN DESSERTS."
    33    (b) No manufacturer and/or distributor of ice cream  or  other  frozen
    34  desserts made with liquor, wine, beer or cider shall sell such product:
    35    (i) to a person intending to sell at retail individual servings of ice
    36  cream  or  other  frozen desserts made with liquor, wine, beer or cider,
    37  unless,  with  each  shipment,  such  manufacturer  and/or   distributor
    38  provides:
    39    (A)  a  written  notice that individual servings of ice cream or other
    40  frozen desserts made with liquor, wine, beer or cider  may  be  sold  at
    41  retail only where the retailer complies with all of the requirements set
    42  forth in paragraph (a) of this subdivision, and
    43    (B) a written copy of such requirements; and
    44    (ii)  to a person intending to sell at retail packages of ice cream or
    45  other frozen desserts made with liquor, wine, beer or cider for consump-
    46  tion off the premises, unless, with  each  shipment,  such  manufacturer
    47  and/or distributor provides:
    48    (A)  a  written  notice  that  packages  of  ice cream or other frozen
    49  desserts made with liquor, wine, beer or cider may  be  sold  at  retail
    50  only  where the retailer complies with all of the requirements set forth
    51  in paragraph (a) of this subdivision, and
    52    (B) a written copy of such requirements.
    53    § 2. Section 1352-c of the public health law, as  amended  by  chapter
    54  118 of the laws of 2018, is amended to read as follows:
    55    §  1352-c.  Ice cream or other frozen desserts made with liquor, wine,
    56  beer or cider. No person shall sell at retail individual servings of ice
        S. 7013                             3

     1  cream or other frozen desserts made with liquor,  wine,  beer  or  cider
     2  bearing  or  containing  more  than one-half of one percent but not more
     3  than five percent of alcohol by volume, unless the following  statements
     4  are  prominently  displayed on the printed menu (or, if no printed menus
     5  are used, on the menu board or sign setting  forth  the  bill  of  fare)
     6  immediately adjacent to the listing of the item or items of ice cream or
     7  other  frozen  desserts  made  with  liquor,  wine,  beer or cider being
     8  offered provided that such statements may refer to liquor, wine, beer or
     9  cider or a combination thereof:
    10    1. The sale of (insert liquor, wine, beer and/or cider) ice  cream  or
    11  other  frozen  desserts  to  individuals  under the age of twenty-one is
    12  prohibited.
    13    2. (Insert liquor, wine, beer and/or cider) ice cream or other  frozen
    14  desserts contain alcohol up to five percent by volume.
    15    3. Notice: (Insert liquor, wine, beer and/or cider) ice cream or other
    16  frozen  desserts  contain  alcohol  used as a flavoring and, as with any
    17  product that contains alcohol:
    18    (a) women should not consume alcohol during pregnancy because  of  the
    19  risk of birth defects, and
    20    (b)  consumption  of  alcohol  impairs  your ability to drive a car or
    21  operate machinery, and may cause health problems.
    22    § 3. Subdivision 1 of section 3 of the alcoholic beverage control law,
    23  as amended by chapter 118 of the laws of 2018, is  amended  to  read  as
    24  follows:
    25    1.  "Alcoholic beverage" or "beverage" mean and include alcohol, spir-
    26  its, liquor, wine, beer, cider and every liquid, solid, powder or  crys-
    27  tal,  patented  or  not,  containing  alcohol, spirits, wine or beer and
    28  capable of being consumed by a human being, and any  warehouse  receipt,
    29  certificate,  contract or other document pertaining thereto; except that
    30  confectionery containing alcohol as provided by  subdivision  twelve  of
    31  section two hundred of the agriculture and markets law and ice cream and
    32  other  frozen desserts made with liquor, wine, beer or cider as provided
    33  in subdivision fifteen of section two hundred  of  the  agriculture  and
    34  markets law shall not be regulated as an "alcoholic beverage" or "bever-
    35  age"  within  the  meaning  of  this section where the sale, delivery or
    36  giving away is to a person aged twenty-one years  or  older.  The  sale,
    37  delivery or giving away of ice cream or other frozen desserts made with
    38  liquor,  wine,  beer  or  cider  to a person under the age of twenty-one
    39  years may be prosecuted administratively and/or criminally in accordance
    40  with the provisions of this chapter.
    41    § 4. This act shall take effect immediately.