Bill Text: NY A03751 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the state liquor authority to require certain labeling of alcoholic beverages containing caffeine or other stimulants; requires retail licensees for off-premises consumption to sell alcoholic beverages containing stimulants in an area of the licensed premises separate from that where other alcoholic beverages and energy drinks are sold.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A03751 Detail]
Download: New_York-2019-A03751-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3751 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. ORTIZ, AUBRY -- Multi-Sponsored by -- M. of A. ARROYO, THIELE -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to requiring the segregation of certain alcoholic beverages with a stimu- lant sold for off-premises consumption and the labeling of containers containing certain alcoholic beverages The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 105 of the alcoholic beverage control law is 2 amended by adding a new subdivision 13 to read as follows: 3 13. (a) Each retail license for off-premises consumption that sells 4 alcoholic beverages that contain more than two per centum alcohol by 5 volume, in combination with more than five milligrams per ounce of 6 caffeine or any other stimulant including, but not limited to guarana, 7 ginseng or taurine that has an equivalent effect as such quantity of 8 caffeine shall sell such alcoholic beverages in an area of the licensed 9 premises that is segregated from the area where other beverages, includ- 10 ing alcoholic beverages, are sold. No such alcoholic beverages contain- 11 ing a stimulant shall be commingled with other alcoholic beverages or 12 energy drinks. 13 (b) At the front of the segregated area of the licensed premises where 14 alcoholic beverages containing a stimulant are sold, the licensee shall 15 conspicuously post a sign containing the notices and warnings provided 16 for in paragraphs (a), (b) and (c) of subdivision one of section one 17 hundred seven-a of this article. Furthermore, such sign shall state 18 that these beverages contain alcohol and by law cannot legally be 19 consumed by persons under the age of twenty-one years, and that these 20 beverages should not be confused with energy drinks. The state liquor 21 authority shall be authorized to promulgate rules and regulations 22 providing for the form and content of such notices and warnings. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08194-01-9A. 3751 2 1 § 2. The closing paragraph of subdivision 1 of section 107-a of the 2 alcoholic beverage control law, as amended by chapter 354 of the laws of 3 2013, is amended to read as follows: 4 Such regulations shall be calculated to prohibit deception of the 5 consumer; to afford him or her adequate information as to quality and 6 identity; and to achieve national uniformity in so far as possible. In 7 addition, for the approval of labels for containers of any alcoholic 8 beverage that contains more than two per centum alcohol by volume, in 9 combination with more than five milligrams per ounce of caffeine or any 10 other stimulant including, but not limited to guarana, ginseng or 11 taurine that has an equivalent effect as such quantity of caffeine, the 12 label or container thereof must: 13 (a) have a disclosure that is either part of the label or affixed to 14 the container that advises purchasers that this alcoholic beverage (i) 15 contains a combination of high concentrations of alcohol (a depressant) 16 and caffeine (a stimulant) or another stimulant, and that the health 17 effects of such combination are not completely known; (ii) over consump- 18 tion of this alcoholic beverage may cause future cardiovascular or 19 neurological problems, higher risk of accidental physical injury to the 20 consumer or others, or alcohol poisoning; (iii) the stimulant in this 21 alcoholic beverage may mask the level of impairment and disorientation 22 that can occur due to the amount of alcohol that is also contained in 23 this beverage; and (iv) the operation of motor vehicles and other 24 machinery should be avoided after consuming this alcoholic beverage; 25 (b) be designed so that it cannot be confused with other energy drinks 26 or beverages that are not alcoholic beverages and are legally available 27 for sale to persons under the age of twenty-one years. Such design may 28 be accomplished by a label design that places a stripe or other indica- 29 tor to show that this beverage contains alcohol or by affixing the 30 disclosure required by paragraph (a) of this subdivision that also 31 clearly indicates that the beverage contains alcohol and that it is 32 illegal to be consumed by any person under the age of twenty-one years; 33 and 34 (c) be designed so as not to be attractive to or encourage the 35 consumption of such alcoholic beverage by persons under the age of twen- 36 ty-one years. Such design may be accomplished by a label design that 37 clearly indicates that this is an alcoholic beverage that cannot be 38 legally consumed by persons under the age of twenty-one years or by the 39 prominent affixing of the disclosure required by paragraph (a) of this 40 subdivision. 41 § 3. Clause (ii) of subparagraph 2 of paragraph (a) of subdivision 4 42 of section 107-a of the alcoholic beverage control law, as amended by 43 chapter 369 of the laws of 2017, is amended to read as follows: 44 (ii) the authority does not deny such application within thirty days 45 after receipt; provided, however, that with respect to any alcoholic 46 beverage that contains a combination of alcohol and caffeine or other 47 stimulant, as described in subdivision one of this section, the authori- 48 ty does not deny such application within one hundred twenty days after 49 receipt so that the authority has a sufficient period of time to review 50 such label and ensure that the requirements established in such subdivi- 51 sion are complied with. 52 § 4. Clause (ii) of subparagraph 2 of paragraph (a) of subdivision 4 53 of section 107-a of the alcoholic beverage control law, as amended by 54 chapter 440 of the laws of 2018, is amended to read as follows: 55 (ii) the authority does not deny such application within thirty days 56 after receipt; provided, however, that with respect to any alcoholicA. 3751 3 1 beverage that contains a combination of alcohol and caffeine or other 2 stimulant, as described in subdivision one of this section, the authori- 3 ty does not deny such application within one hundred twenty days after 4 receipt so that the authority has a sufficient period of time to review 5 such label and ensure that the requirements established in such subdivi- 6 sion are complied with. 7 § 5. This act shall take effect on the two hundred seventieth day 8 after it shall have become a law, provided, however, that if chapter 440 9 of the laws of 2018 shall not have taken effect on or before such date 10 then section four of this act shall take effect on the same date and in 11 the same manner as such chapter of the laws of 2018 takes effect. Effec- 12 tive immediately, the state liquor authority is authorized to add, amend 13 and/or repeal any rules and regulations necessary to implement the 14 provisions of this act within one hundred twenty days after it shall 15 have become a law.
