This bill has been amended

Bill S6780-2009

Relates to the sale of frozen desserts made with wine

Adulterates 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 25, 2010: returned to senate
  • Jun 25, 2010: RECALLED FROM ASSEMBLY
  • Mar 10, 2010: referred to agriculture
  • Mar 10, 2010: DELIVERED TO ASSEMBLY
  • Mar 10, 2010: PASSED SENATE
  • Mar 4, 2010: ADVANCED TO THIRD READING
  • Mar 3, 2010: 2ND REPORT CAL.
  • Mar 2, 2010: 1ST REPORT CAL.184
  • Feb 4, 2010: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 2, 2010
Ayes (9): Aubertine, Stachowski, Montgomery, Breslin, Valesky, Young, Seward, Winner, Ranzenhofer

Memo

 BILL NUMBER:  S6780

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

PURPOSE OR GENERAL IDEA OF BILL : This bill would permit the manufacture and sale of frozen desserts made with wine.

SUMMARY OF SPECIFIC PROVISIONS : 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- provides for an effective date on the thirtieth day after it shall have become law.

JUSTIFICATION : New York agriculture continues to climb ahead with creating new, attractive and scrumptious products that are grown in the state from maple cotton candy to wine flavored frozen desserts which are all marvelous. Current law allows the sale of wine ice cream and this legislation would expand that by allowing 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 under twenty-one years of age 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 a delicious to treat be sold.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None to the state.

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

Text

STATE OF NEW YORK ________________________________________________________________________ 6780 IN SENATE February 4, 2010 ___________
Introduced by Sen. VALESKY -- 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, 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 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. This act shall take effect on the thirtieth day after it shall have become a law.

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