Prohibits the sale or offering for sale of any powdered or crystalline alcohol product.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young
Nays (1): Zeldin
Excused (3): Espaillat, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to prohibiting the sale of any powdered or crystalline alcohol product
PURPOSE: Prohibits the sale or offering for sale of concentrated alcoholic beverages.
SUMMARY OF PROVISIONS:
Section 1 of this law amends section 3 of the alcoholic beverage control law by adding new subdivision 7-e to define the term "concentrated alcoholic beverage." Section 2 amends Section 100 of the alcoholic beverage control law by adding a new subdivision 1-a banning the sale of any concentrated alcoholic beverages. Section 3 states the effective date is the thirtieth day after the bill has become law.
JUSTIFICATION: Powdered alcohol or "concentrated alcoholic beverages" are dangerous and completely unnecessary items. The alcohol is freeze dried in order to make it more portable and then, of course, easier to conceal. The makers of the freeze dried alcohol say that the product is intended for hikers or backpackers. Apparently, powder would allow them to more easily transport the product than a liquid. However, because it is so easy to transport and hide it has the potential to be used illegally by youths, and brought to venues that prohibit alcohol. In addition there is a larger chance of overdose due to improper mixing.
The FDA approved powdered alcohol on April 20th, 2014 but quickly rescinded the approval stating that it has been made in 'error.' Alaska has outlawed powdered alcohol and as of May 1, 2014 there is pending legislation to ban powdered alcohol in Minnesota. This legislation will ban this product in NYS should the FDA decide to change their decision again to allow for the product to be marketed in the United States.
LEGISLATIVE HISTORY: New.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 7217--A IN SENATE May 6, 2014 ___________Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to prohibiting the sale of any powdered or crystalline alcohol product THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 3 of the alcoholic beverage control law, as amended by chapter 42 of the laws of 2011, 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, POWDER OR CRYSTAL, 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 2. Section 100 of the alcoholic beverage control law is amended by adding a new subdivision 1-a to read as follows: 1-A. NO PERSON SHALL SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE FOR OFF-PREMISES CONSUMPTION, ANY POWDERED OR CRYSTALLINE ALCOHOLIC PRODUCT. S 3. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14942-02-4