Bill Text: NJ S4130 | 2026-2027 | Regular Session | Introduced
Bill Title: Allows sale of ice cream and other frozen desserts infused with certain alcoholic beverages.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4130 Detail]
Download: New_Jersey-2026-S4130-Introduced.html
Sponsored by:
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Allows sale of ice cream and other frozen desserts infused with certain alcoholic beverages.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the manufacturing, sale, and distribution of frozen desserts and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Alcoholic beverage" means distilled alcoholic beverage, wine, malt alcoholic beverage, hard cider, or mead manufactured in accordance with R.S.33:1-10.
"Frozen dessert" shall have the same meaning as in section 2 of P.L.1964, c. 120 (C.24:10-73.2).
b. A person licensed to sell or distribute frozen desserts pursuant to section 10 of P.L.1964, c.120 (C.24:10-73.10) shall be entitled to manufacture, sell, or distribute frozen desserts containing alcoholic beverages in an amount of not more than five percent of alcohol by volume.
c. A frozen dessert containing more than one-half of one percent and not more than five percent of alcohol by volume manufactured, sold, or distributed pursuant to this section shall:
(1) be sold in a sealed package received from the manufacturer or distributor; and
(2) display on the package the following statements:
(a) "The sale of this product to persons under the legal age to purchase alcoholic beverages is unlawful.";
(b) "This product is made with alcoholic beverages and contains up to five percent of alcohol by volume.";
(c) "According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects."; and
(d) "Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems."
d. It shall be a disorderly persons offense to sell a frozen dessert containing more than one-half of one percent of alcohol to a person under the legal age to purchase alcoholic beverages.
2. This act shall take effect immediately.
STATEMENT
This bill allows frozen desserts that contain, as an ingredient, distilled alcoholic beverages, beer, wine, cider, or mead in an amount of not more than five percent of alcohol by volume to be manufactured, sold, and distributed in the State without a liquor license. Under current law, "frozen desserts" are defined as ice cream, frozen custard, French ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, artificially sweetened ice cream, artificially sweetened ice milk, special frozen dietary foods, or mellorine frozen desserts.
Under the bill, a frozen dessert containing more than one-half of one percent and not more than five percent of alcohol by volume is to be sold in a sealed package received from the manufacturer or distributor. The bill requires the packaging to display certain warning statements consistent with current law governing the sale of alcoholic beverages. The sale of a frozen dessert containing alcohol to a person under 21 years of age would be a disorderly persons offense, which is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.
