What's happening
This bill prohibits the sale of caffeinated or stimulant-enhanced alcoholic beverages in New York State.
Why it matters
Targets specific products. The bill specifically defines "caffeinated or stimulant-enhanced alcoholic beverages" as beer or wine with more than 6% alcohol by volume that also includes caffeine or other stimulants not approved as safe by federal authorities. This targets products that combine high alcohol content with added stimulants, which have raised health and safety concerns.
Federal alignment and safety standards. By referencing the federal definition of "unsafe food additive," the bill aligns state law with federal food safety regulations, reinforcing that any stimulant (like caffeine) added to alcohol must have explicit federal approval or be generally recognized as safe.
Impacts retailers and distributors. Retailers are prohibited from selling these products, but the bill allows them a 60-day window after the law takes effect to return or sell existing stock back to distributors or manufacturers, reducing financial losses from unsellable inventory.
Public health and enforcement. The law empowers the state liquor authority to swiftly adopt rules and regulations to implement the ban, reflecting a focus on rapid public health intervention and ensuring the law can be enforced promptly and effectively.
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Who cares
Headline styles
Ban Caffeinated Alcoholic Drinks
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
3879
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 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.
LBD07764-01-9
A. 3879 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.