What's happening
This bill authorizes the manufacture and sale of ice cream and other frozen desserts made with liquor, under strict labeling and age restrictions.
Why it matters
Expands alcohol-infused dessert options. By explicitly including liquor (not just wine, beer, or cider), the bill opens the market to a wider range of alcoholic frozen desserts, potentially fostering product innovation and new business opportunities in New York’s food and beverage industry.
Emphasizes public health and safety warnings. The bill mandates prominent labeling and signage detailing the alcohol content, health risks (such as birth defects and impaired driving), and age restrictions, aiming to prevent accidental consumption by minors or those unaware of the risks.
Strict retailer and manufacturer compliance. The legislation requires manufacturers, distributors, and retailers to adhere to specific packaging, notification, and display requirements. This includes providing written materials about legal obligations and ensuring age-verification at all points of sale, which may increase operational diligence and accountability.
Clarifies legal status and enforcement. Ice cream and frozen desserts made with liquor (under 5% ABV) are not regulated as “alcoholic beverages” for most purposes when sold to adults, but selling to minors remains a prosecutable offense. This distinction helps streamline regulation while maintaining safeguards against underage access.
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Headline styles
Allow Boozy Ice Cream Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.132
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.463
- Substituted for A8732
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.335
Show 1 earlier action
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Liquor Ice Cream Sales
Assembly Floor Calendar · Sponsor Donna Lupardo
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7013
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, the public health law and the alcoholic beverage control law, in relation to authorizing the manufacture and sale of ice cream and other frozen desserts made with liquor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 14 and 15 of section 200 of the agriculture and markets law, as amended by chapter 118 of the laws of 2018, are amended to read as follows:
14. If it is ice cream or other frozen desserts made with liquor, wine, beer or cider bearing or containing more than five percent of alcohol by volume.
15. With respect to the manufacture and sale of ice cream or other frozen desserts made with liquor, wine, beer or cider bearing or containing more than one-half of one percent, but not more than five percent of alcohol by volume:
(a) No person shall sell at retail packages of ice cream or other frozen desserts made with liquor, wine, beer or cider for consumption off the premises where sold unless:
(i) each package is a sealed package, as received from the manufacturer or distributor;
(ii) each sealed package, as received from the manufacturer or distributor, in a format to be established or approved by the commissioner, prominently bears the following statements, provided that such statements may refer to either liquor, wine, beer or cider or a combination thereof:
(A) The sale of this product to individuals under the age of twentyone years is prohibited.
(B) This product is made with (insert liquor, wine, beer and/or cider) and contains alcohol up to five percent by volume.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14059-01-9
S. 7013 2
(C) Notice. This product contains alcohol used as a flavoring and, as with any product that contains alcohol:
(1) women should not consume alcohol during pregnancy because of the risk of birth defects, and
(2) consumption of alcohol impairs your ability to drive a car or operate machinery, and may cause health problems.
(iii) the following advisory, on a sign or poster not less than seven inches by five inches, in a format to be established or approved by the commissioner, is displayed prominently at each location where packages of ice cream or other frozen desserts made with liquor, wine, beer or cider are made available to the public provided that such sign or poster may refer to either liquor, wine, beer or cider or a combination thereof:
"THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR
CIDER) ICE CREAM OR OTHER FROZEN DESSERTS
The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS to individuals under the age of twenty-one years is prohibited.
(INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS contain alcohol up to five percent by volume.
NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS contain alcohol used as a flavoring and, as with any product that contains alcohol:
(1) women should not consume alcohol during pregnancy because of the risk of birth defects, and
(2) consumption of alcohol impairs your ability to drive a car or operate machinery, and may cause health problems.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU- DULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS."
(b) No manufacturer and/or distributor of ice cream or other frozen desserts made with liquor, wine, beer or cider shall sell such product:
(i) to a person intending to sell at retail individual servings of ice cream or other frozen desserts made with liquor, wine, beer or cider, unless, with each shipment, such manufacturer and/or distributor provides:
(A) a written notice that individual servings of ice cream or other frozen desserts made with liquor, wine, beer or cider may be sold at retail only where the retailer complies with all of the requirements set forth in paragraph (a) of this subdivision, and
(B) a written copy of such requirements; and
(ii) to a person intending to sell at retail packages of ice cream or other frozen desserts made with liquor, wine, beer or cider for consumption off the premises, unless, with each shipment, such manufacturer and/or distributor provides:
(A) a written notice that packages of ice cream or other frozen desserts made with liquor, wine, beer or cider may be sold at retail only where the retailer complies with all of the requirements set forth in paragraph (a) of this subdivision, and
(B) a written copy of such requirements.
§ 2. Section 1352-c of the public health law, as amended by chapter 118 of the laws of 2018, is amended to read as follows:
§ 1352-c. Ice cream or other frozen desserts made with liquor, wine, beer or cider. No person shall sell at retail individual servings of ice
S. 7013 3
cream or other frozen desserts made with liquor, wine, beer or cider bearing or containing more than one-half of one percent but not more than five percent of alcohol by volume, unless the following statements are prominently displayed on the printed menu (or, if no printed menus are used, on the menu board or sign setting forth the bill of fare) immediately adjacent to the listing of the item or items of ice cream or other frozen desserts made with liquor, wine, beer or cider being offered provided that such statements may refer to liquor, wine, beer or cider or a combination thereof:
1. The sale of (insert liquor, wine, beer and/or cider) ice cream or other frozen desserts to individuals under the age of twenty-one is prohibited.
2. (Insert liquor, wine, beer and/or cider) ice cream or other frozen desserts contain alcohol up to five percent by volume.
3. Notice: (Insert liquor, wine, beer and/or cider) ice cream or other frozen desserts contain alcohol used as a flavoring and, as with any product that contains alcohol:
(a) women should not consume alcohol during pregnancy because of the risk of birth defects, and
(b) consumption of alcohol impairs your ability to drive a car or operate machinery, and may cause health problems.
§ 3. Subdivision 1 of section 3 of the alcoholic beverage control law, as amended by chapter 118 of the laws of 2018, is amended to read as follows:
1. "Alcoholic beverage" or "beverage" mean and include alcohol, spirits, liquor, wine, beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by subdivision twelve of section two hundred of the agriculture and markets law and ice cream and other frozen desserts made with liquor, wine, beer or cider as provided in subdivision fifteen of section two hundred of the agriculture and markets law shall not be regulated as an "alcoholic beverage" or "beverage" within the meaning of this section where the sale, delivery or giving away is to a person aged twenty-one years or older. The sale, delivery or giving away of ice cream or other frozen desserts made with liquor, wine, beer or cider to a person under the age of twenty-one years may be prosecuted administratively and/or criminally in accordance with the provisions of this chapter.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, the public health law and the alcoholic beverage control law, in relation to authorizing the manufacture and sale of ice cream and other frozen desserts made with liquor
Purpose or general idea of bill
This bill is designed to include liquor to the list of alcoholic bever- ages that may be used in the production and sale of ice cream and other frozen desserts in the state.
Summary of specific provisions
Section 1: Subdivisions 14 and 15 of Section 200 of the Agriculture and Markets Laws are amended to add liquor to the law authorizing the sale of ice cream and frozen desserts containing alcohol between one-half to 5% alcohol content, provided only those over 21 years of age can be served or sold to and alcohol warning labels or signs are provided on the packages or at the point of sale.
Section 2: Section 1352-c of the Public Health Law is amended to add liquor to the law requiring alcohol warning signs to customers at restaurants and other foodservice establishments where the ice cream is sold.
Section 3: Subdivision 1 of Section 3 of Alcoholic Beverage Control Law is amended.
Justification
Ice cream made with wine is a food product manufactured in New York State that has been safely sold and regulated in a manner similar to confectionary that contains alcohol since 2008. This bill seeks to approve similar products made with liquor. As with wine, beer and cider this bill would limit the percentage of alcohol in ice cream to not more than 5% of alcohol by volume, and it would require the same product labeling and warning statements similar to wine and confectionary that contains alcohol.
This legislation will help New York dairy farmers, liquor and craft beverage producers, dairy processors and manufacturers, and food retail- ers and restaurants meet the increasing consumer demand for these new and innovative products.
Legislative history
This is new legislation, but similar legislation adding beer and hard cider to ice cream or frozen desserts was enacted by Chapter 118 of 2018.
Fiscal implications
None to the state. The bill could result in an increase in state and local sale tax revenues from the sale of these products.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.