Bill Text: NY A03879 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the sale and delivery of certain caffeinated or stimulant-enhanced alcoholic beverages.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-01-31 - referred to economic development [A03879 Detail]

Download: New_York-2019-A03879-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
        Introduced  by  M.  of  A. ORTIZ, AUBRY, ARROYO, THIELE -- read once and
          referred to the Committee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          prohibiting  the  sale  of caffeinated or stimulant-enhanced alcoholic
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 3 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 7-e to read as follows:
     3    7-e. "Caffeinated or stimulant-enhanced alcoholic beverage" means  and
     4  includes  a  beer or wine product that contains more than six per centum
     5  alcohol by volume and an unsafe food additive. For the purposes of  this
     6  subdivision,  "unsafe  food  additive"  shall  have  the same meaning as
     7  provided in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.  §  348)
     8  and  shall  include, but not be limited to, caffeine or other stimulants
     9  directly added to an alcoholic beverage as a separate ingredient without
    10  approval by federal regulation or acknowledgement  as  generally  recog-
    11  nized as safe.
    12    §  2.  Section 100 of the alcoholic beverage control law is amended by
    13  adding a new subdivision 9 to read as follows:
    14    9. No licensee, permittee or person shall sell, deliver or give  away,
    15  or  cause,  permit  or  procure  to be sold, delivered or given away any
    16  caffeinated or stimulant-enhanced  alcoholic  beverage,  as  defined  in
    17  subdivision seven-e of section three of this chapter.
    18    § 3. This act shall take effect on the one hundred eightieth day after
    19  it  shall  have  become  a law; provided that the provisions of this act
    20  shall not be deemed to prohibit any person, licensed to  sell  alcoholic
    21  beverages  at  retail  for on-premises or off-premises consumption, from
    22  selling, delivering or giving away any caffeinated or stimulant-enhanced
    23  alcoholic beverage to a distributor or  manufacturer  of  such  beverage
    24  within sixty days of the effective date of this act when the caffeinated
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3879                             2
     1  or stimulant-enhanced beverage was received by the retail licensee prior
     2  to  the  effective  date  of  this act. Effective immediately, the state
     3  liquor authority is authorized to amend, add and/or repeal any rules and
     4  regulations  necessary  to  implement  the  provisions of this act on or
     5  before its effective date.