Regulates frozen desserts made with wine bearing or containing more than one-half of one percent, but not more than five percent of alcohol by volume.

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S4054A-2011 Actions

• Jun 1, 2011: SIGNED CHAP.42
• May 20, 2011: DELIVERED TO GOVERNOR
• May 17, 2011: returned to senate
• May 17, 2011: passed assembly
• May 17, 2011: ordered to third reading cal.251
• May 17, 2011: substituted for a2888a
• May 16, 2011: referred to codes
• May 16, 2011: DELIVERED TO ASSEMBLY
• May 16, 2011: PASSED SENATE
• May 10, 2011: AMENDED ON THIRD READING 4054A
• Mar 28, 2011: ADVANCED TO THIRD READING
• Mar 24, 2011: 2ND REPORT CAL.
• Mar 23, 2011: 1ST REPORT CAL.260
• Mar 15, 2011: REFERRED TO AGRICULTURE

S4054A-2011 Calendars

Active List: May 16, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011

S4054A-2011 Votes

S4054A-2011 Memo

BILL NUMBER:S4054A

TITLE OF BILL:
An act
to amend the agriculture and markets law, the public health law
and the alcoholic beverage control law,
in relation to
frozen desserts made with wine

PURPOSE:
This bill would permit the manufacture and sale of frozen desserts
made with wine.

SUMMARY:
Section 1 amends subdivisions 14 and 15 of section 200 of the
agriculture and markets law by adding other frozen desserts made with
wine.

Section 2 amends section 1352-c of the public health law to provide
for warning statements on menus, menu boards and signs in
establishments where individual servings of frozen desserts made with
wine are sold at retail.

Section 3 amends subdivision one of section three of the alcoholic
beverage law to clarify that frozen desserts made with wine shall not
be regulated as an alcoholic beverage so long as certain restrictions
are met.

Section 4 provides for an effective date on the thirtieth day after it
shall have become law.

JUSTIFICATION:
New York agriculture continues to look for innovative ways to
expand market opportunities and create new products for consumers.
One way is to utilize products that are grown in the state from maple
cotton candy to wine flavored frozen desserts.

Current law provides for the sale of wine ice cream. This legislation
would expand the market by allowing the sale of frozen desserts such
as sorbet and sherbets made with wine.

As with confectionary, this bill would limit the percentage of alcohol
in frozen desserts to not more than five per centum of alcohol by
volume, prohibit its sale to persons less than twenty-one years of
age and requires product labeling and warning statements similar to
those
established for confectionary that contains alcohol. There's no doubt
that the passage of this bill would help to expand the grape and wine
industry in the state by allowing such creative desserts to be sold.

LEGISLATIVE HISTORY:

S.6780A of 2010 - Passed Senate

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes law.

S4054A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4054--A
      Cal. No. 260

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 15, 2011
                                 ___________

  Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
    printed to be committed to the Committee on  Agriculture  --  reported
    favorably  from  said  committee,  ordered to first and second report,
    ordered to a third reading, amended and ordered  reprinted,  retaining
    its place in the order of third reading

  AN  ACT  to amend the agriculture and markets law, the public health law
    and the alcoholic beverage control law, in relation to frozen desserts
    made with wine

    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 added by chapter 189 of the laws of 2008, the  open-
  ing  paragraph  of subparagraph (iii) of paragraph (a) of subdivision 15
  as amended by chapter 341 of the laws of 2009, is  amended  to  read  as
  follows:

    14. If it is ice cream OR OTHER FROZEN DESSERTS made with wine 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 wine 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 wine for consumption off  the  premises  where
  sold unless:

    (i)  each package is a sealed package containing at least one pint, as
  received from the manufacturer or distributor;
    (ii) each sealed package containing at least  one  pint,  as  received
  from  the  manufacturer or distributor, in a format to be established or
  approved by the commissioner, prominently  bears  the  following  state-
  ments:

    (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.
                                                             LBD03566-03-1

 S. 4054--A                          2

    (B) This product is made with wine 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  [wine]  ice  cream  OR OTHER FROZEN DESSERTS MADE WITH WINE are made
  available to the public:

         "THIS AREA CONTAINS WINE ICE CREAM OR OTHER FROZEN DESSERTS
                               MADE WITH WINE
    The sale of WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE  to
  individuals under the age of twenty-one years is prohibited.
    WINE  ICE  CREAM  [contains]  OR  OTHER FROZEN DESSERTS MADE WITH WINE
  CONTAIN alcohol up to five percent by volume.
    NOTICE: WINE ICE CREAM [contains] OR OTHER FROZEN DESSERTS  MADE  WITH
  WINE  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 OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE
  WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE."
    (b)  No  manufacturer  and/or distributor of ice cream OR OTHER FROZEN
  DESSERTS made with wine shall sell such product:

    (i) to a person intending to sell at  retail  individual  servings  of
  [wine]  ice  cream OR OTHER FROZEN DESSERTS MADE WITH WINE, unless, with
  each shipment, such manufacturer and/or distributor provides:

    (A) a written notice that individual servings of  wine  ice  cream  OR
  OTHER  FROZEN  DESSERTS  MADE WITH WINE may be sold at retail only where
  the retailer complies with all of the requirements set  forth  in  para-
  graph (a) of this subdivision, and
    (B) a written copy of such requirements; and
    (ii)  to  a  person  intending  to sell at retail packages of wine ice
  cream OR OTHER FROZEN DESSERTS MADE WITH WINE for  consumption  off  the
  premises, unless, with each shipment, such manufacturer and/or distribu-
  tor provides:

    (A)  a  written notice that packages of wine ice cream OR OTHER FROZEN
  DESSERTS MADE WITH WINE 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.
    S  2. Section 1352-c of the public health law, as added by chapter 189
  of the laws of 2008, is amended to read as follows:

    S 1352-c. Ice cream OR OTHER FROZEN DESSERTS made with wine. No person
  shall sell at retail individual servings of ice cream  OR  OTHER  FROZEN
  DESSERTS  made with wine 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,

 S. 4054--A                          3

  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 wine ice cream OR OTHER FROZEN DESSERTS being offered:

    1.  The sale of wine ice cream OR OTHER FROZEN DESSERTS to individuals
  under the age of twenty-one is prohibited.
    2. Wine ice cream [contains] OR OTHER FROZEN DESSERTS CONTAIN  alcohol
  up to five percent by volume.
    3.  Notice: Wine ice cream [contains] OR OTHER FROZEN DESSERTS CONTAIN
  alcohol used as a flavoring and, as with any product that contains alco-
  hol:

    (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.
    S 3.  Subdivision 1 of section 3 of  the  alcoholic  beverage  control
  law,  as  amended by chapter 189 of the laws of 2008, is amended to read
  as follows:

    1. "Alcoholic beverage" or "beverage" mean and include alcohol,  spir-
  its,  liquor,  wine,  beer, cider and every liquid or solid, 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 wine as provided  in  subdivision  fifteen  of
  section  two  hundred  of  the  agriculture and markets law shall not be
  regulated as an "alcoholic beverage" or "beverage" 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  made  with wine 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.
    S  4.   This act shall take effect on the thirtieth day after it shall
  have become a law.