Bill S4054A-2011

Relates to the sale of frozen desserts made with wine

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.

Details

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

Votes

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4054--A Cal. No. 260 2011-2012 Regular Sessions IN 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.
(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,
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.

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