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.
STATE OF NEW YORK
________________________________________________________________________
8010
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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
S. 8010 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.
