A2888-2011 Actions

• May 17, 2011: substituted by s4054a
• May 10, 2011: amended on third reading 2888a
• May 10, 2011: star removed
• May 9, 2011: starred on calendar
• May 5, 2011: advanced to third reading cal.251
• May 3, 2011: reported
• Feb 15, 2011: reported referred to codes
• Jan 20, 2011: referred to agriculture

A2888-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2888
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 20, 2011
 
 Introduced  by M. of A. MAGEE -- read once and referred 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 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.
 (B)  This  product  is  made with wine 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.
 LBD03566-01-1
 
       A. 2888                             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 [wine] ice cream OR OTHER FROZEN DESSERTS MADE  WITH  WINE  are  made
 available to the public:

 "THIS AREA CONTAINS WINE ICE CREAM AND 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,
 if  no  printed  menus are used, on the menu board or sign setting forth
 
       A. 2888                             3
 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.

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