What's happening
This bill prohibits the sale of caffeinated or stimulant-enhanced alcoholic beverages in New York, defining such products and granting regulatory authority.
Why it matters
Defines “caffeinated or stimulant-enhanced alcoholic beverages”. as beer or wine products with over 6% alcohol by volume that contain unsafe food additives like caffeine or other stimulants not recognized as safe or approved by federal authorities. This targets products intentionally combining high alcohol and stimulants.
Prohibits the sale, delivery, or gifting of such beverages by any licensee or individual. , aiming to remove these products from the New York market and limit consumer access, especially targeting youth and those at risk for health consequences from combined stimulant and alcohol use.
Empowers the State Liquor Authority to create and enforce new regulations. regarding these products, allowing for responsive rulemaking as new stimulant-alcohol combinations emerge in the marketplace.
Includes a transition period for retailers. , allowing them to return unsold caffeinated or stimulant-enhanced alcoholic beverages to distributors/manufacturers for a limited time, which provides relief for businesses holding inventory as the law takes effect.
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Who cares
Headline styles
Ban Caffeinated Alcohol Sales
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to economic development
- Referred to economic development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4229
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
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 beverages
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the alcoholic beverage control law is amended by adding a new subdivision 7-e to read as follows:
7-e. "Caffeinated or stimulant-enhanced alcoholic beverage" means and includes a beer or wine product that contains more than six per centum alcohol by volume and an unsafe food additive. For the purposes of this subdivision, "unsafe food additive" shall have the same meaning as provided in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348) and shall include, but not be limited to, caffeine or other stimulants directly added to an alcoholic beverage as a separate ingredient without approval by federal regulation or acknowledgement as generally recognized as safe.
§ 2. Section 100 of the alcoholic beverage control law is amended by adding a new subdivision 9 to read as follows:
9. No licensee, permittee or person shall sell, deliver or give away, or cause, permit or procure to be sold, delivered or given away any caffeinated or stimulant-enhanced alcoholic beverage, as defined in subdivision seven-e of section three of this chapter.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the provisions of this act shall not be deemed to prohibit any person, licensed to sell alcoholic beverages at retail for on-premises or off-premises consumption, from selling, delivering or giving away any caffeinated or stimulant-enhanced alcoholic beverage to a distributor or manufacturer of such beverage 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.
LBD08879-01-7
A. 4229 2
or stimulant-enhanced beverage was received by the retail licensee prior to the effective date of this act. Effective immediately, the state liquor authority is authorized to amend, add and/or repeal any rules and regulations necessary to implement the provisions of this act on or before its effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.