Adds spirit-based ready-to-drink cocktails to the definition of beverage; includes ready-to-drink cocktail containers in the state bottle deposit incentive program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7860
SPONSOR: Alvarez TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
including spirit-based ready-to-drink cocktails in the definition of
beverage; and to amend the environmental conservation law, in relation
to including ready-to-drink cocktail containers under the state's bottle
deposit system
PURPOSE OR GENERAL IDEA OF BILL:
The legislature finds that the increasing popularity of spirit-based-
ready-to-drink (RTD) cocktails has led to a significant rise in the
number of single use beverage containers sold throughout New York State.
It is estimated that over 100 million sprit-based RTD containers are
sold annually in New York State. Including spirit-based RTDs in the
state's bottle deposit system will reduce litter, support recycling
efforts, and bring consistency and fairness to how all single-serve
beverages are regulated.
SUMMARY OF PROVISIONS:
Section 1: Legislative findings and intent
Section 2: Amendment to the alcoholic beverage control law by adding
subdivision 23-a
Section 3: Defines "beverage" and "malt beverages"
Section 4: Effective date
EFFECTIVE DATE:
This act shall take effect on the one hundred eighth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective.
PRIOR LEGISLATIVE HISTORY:
2023/2024: A.3754 - referred to Governmental Employees
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7860
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the alcoholic beverage control law, in relation to
including spirit-based ready-to-drink cocktails in the definition of
beverage; and to amend the environmental conservation law, in relation
to including ready-to-drink cocktail containers under the state's
bottle deposit system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature finds and
2 declares that the increasing popularity of spirit-based ready-to-drink
3 (RTD) cocktails has led to a significant rise in the number of single-
4 use beverage containers sold throughout New York state. Although malt-
5 based RTD beverages are already covered under the returnable container
6 act, spirit-based RTDs are excluded from the law. This exclusion has
7 contributed to disproportionate levels of litter and improper disposal.
8 It is estimated that over 100 million spirit-based RTD containers are
9 sold annually in New York state, and without a redemption incentive, a
10 large portion of these containers are discarded improperly, ending up in
11 parks, streets, waterways, and landfills. Including spirit-based RTDs in
12 the state's bottle deposit system will reduce litter, support recycling
13 efforts, and bring consistency and fairness to how all single-serve
14 beverages are regulated.
15 § 2. Section 3 of the alcoholic beverage control law is amended by
16 adding a new subdivision 23-a to read as follows:
17 23-a. "Ready-to-drink cocktail" or "RTD cocktail" shall mean a
18 premixed beverage containing distilled spirits, not exceeding six
19 percent alcohol by volume, that is packaged for sale in sealed contain-
20 ers for off-premises consumption. The term "ready-to-drink cocktail" or
21 "RTD cocktail" shall not include malt-based beverages or wine products.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11558-01-5
A. 7860 2
1 § 3. Subdivision 1 of section 27-1003 of the environmental conserva-
2 tion law, as amended by section 2 of part SS of chapter 59 of the laws
3 of 2009, is amended to read as follows:
4 1. "Beverage" means carbonated soft drinks, water, beer, other malt
5 beverages, ready-to-drink cocktails, as defined in subdivision twenty-
6 three-a of section three of the alcoholic beverage control law, and a
7 wine product as defined in subdivision thirty-six-a of section three of
8 the alcoholic beverage control law. "Malt beverages" means any beverage
9 obtained by the alcoholic fermentation or infusion or decoction of
10 barley, malt, hops, or other wholesome grain or cereal and water includ-
11 ing, but not limited to ale, stout or malt liquor. "Water" means any
12 beverage identified through the use of letters, words or symbols on its
13 product label as a type of water, including any flavored water or nutri-
14 tionally enhanced water, provided, however, that "water" does not
15 include any beverage identified as a type of water to which a sugar has
16 been added.
17 § 4. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law. Effective immediately, the addition, amend-
19 ment and/or repeal of any rule or regulation necessary for the implemen-
20 tation of this act on its effective date are authorized to be made and
21 completed on or before such effective date.
