A08444 Summary:

COSPNSRMiller, Cook, McDonough, Finch, Montesano
Add S399-yyy, Gen Bus L
Prohibits the sale of alcoholic energy drinks and provides definition thereof.
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A08444 Actions:

10/09/2015referred to economic development
01/06/2016referred to economic development
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A08444 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of alcoholic energy drinks   PURPOSE OR GENERAL IDEA OF BILL: This bill bans the sale of alcoholic beverages that have caffeine or other stimulants as additives, as these alcoholic energy drinks (AEDs) are not yet proven as safe.   SUMMARY OF SPECIFIC PROVISIONS: Adds a new section, 399-ddd, to the general business law. To prohibit the import, distribution, or sale, of alcoholic energy drinks. "Alcoholic energy drinks", for the purpose of this section, is defined as any alcoholic beverage to which caffeine or other stimulants which are metabolized as caffeine are added. Violation of this section of the general business law shall result in a civil penalty of no more than one thousand dollars for each violation.   JUSTIFICATION: Alcoholic energy drinks (AEDs), also known as caffei- nated alcoholic beverages, pose a serious health and safety risk to our citizens, especially teenagers. AEDs are a type of alcoholic beverage to which stimulants are added such as caffeine or guarana. Caffeine, as an additive to beverages, has only been deemed as Generally Recognized as Safe (GRAS) by the FDA for nonalcoholic drinks, such as cola type bever- ages. Studies have now shown that when stimulants are combined with alcohol they tend to mask the side effects of being intoxicated. This will lead consumers of these beverages to partake in risky activities which could result in traffic accidents, violence, sexual assault, or even suicide. As there has been no consensus in the scientific community that alcohol- ic energy drinks are safe, and it has been studied that their effects are in fact detrimental. It is vital that this health and safety threat be removed, especially as the drinks are generally marketed toward young people   PRIOR LEGISLATIVE HISTORY: 2009/10: A9901 Held in Economic Develop- ment 2011/12: A1557 Held in Economic Development 2013/14: A5217 Referred to Economic Development   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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A08444 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     October 9, 2015
        Introduced  by M. of A. ORTIZ, MILLER, COOK, McDONOUGH, FINCH, MONTESANO
          -- Multi-Sponsored by -- M. of A. HIKIND -- read once and referred  to
          the Committee on Economic Development
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of alcoholic energy drinks

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-yyy to read as follows:
     3    § 399-yyy. Prohibition on the importation,  distribution  or  sale  of
     4  alcoholic energy drinks. 1. No person, firm, corporation, or association
     5  shall  import,  distribute,  sell  or offer to sell any alcoholic energy
     6  drink.
     7    2. For the purposes of this section, the term "alcoholic energy drink"
     8  means any alcoholic beverages to  which  caffeine  or  other  stimulants
     9  which are metabolized as caffeine are added.
    10    3.  Whenever there shall be a violation of this section an application
    11  may be made by the attorney general in the name of  the  people  of  the
    12  state of New York to a court or justice having jurisdiction by a special
    13  proceeding  to  issue an injunction, and upon notice to the defendant of
    14  not less than five days, to enjoin and restrain the continuance of  such
    15  violations;  and  if it shall appear to the satisfaction of the court or
    16  justice that the defendant has,  in  fact,  violated  this  section,  an
    17  injunction  may  be  issued  by  the  court  or  justice,  enjoining and
    18  restraining any further violations, without  requiring  proof  that  any
    19  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    20  proceeding, the court may make allowances to  the  attorney  general  as
    21  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    22  hundred three of the civil practice law and rules, and  direct  restitu-
    23  tion.  Whenever  the  court  shall  determine  that  a violation of this
    24  section has occurred, the court may impose a civil penalty of  not  more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8444                             2
     1  than  one thousand dollars for each violation. Each sale of an alcoholic
     2  energy drink in violation of this section shall  constitute  a  separate
     3  violation.  In connection with any such proposed application, the attor-
     4  ney  general is authorized to take proof and make a determination of the
     5  relevant facts and to issue subpoenas in accordance with the civil prac-
     6  tice law and rules.
     7    § 2. This act shall take effect immediately.
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