NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1357A
SPONSOR: Cymbrowitz TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
prohibiting the sale of any powdered or crystalline alcohol product
PURPOSE:
Prohibits the sale or offering for sale of concentrated alcoholic bever-
ages.
SUMMARY OF PROVISIONS:
Section 1 of this law amends section 3 of the alcoholic beverage control
law by adding new subdivision 7-e to define the term "concentrated alco-
holic beverage." Section 2 amends Section 100 of the alcoholic beverage
control law by adding a new subdivision 1-a banning the sale of any
concentrated alcoholic beverages. Section 3 states the effective date is
the thirtieth day after the bill has become law.
JUSTIFICATION:
Powdered alcohol or "concentrated alcoholic beverages" are dangerous and
completely unnecessary items. The alcohol is freeze dried in order to
make it more portable and then, of course, easier to conceal. The makers
of the freeze dried alcohol say that the product is intended for hikers
or backpackers. Apparently, powder would allow them to more easily
transport the product than a liquid. However, because it is so easy to
transport and hide it has the potential to be used illegally by youths,
and brought to venues that prohibit alcohol. In addition there is a
larger chance of overdose due to improper mixing.
The FDA approved powdered alcohol on April 20th, 2014 but quickly
rescinded the approval stating that it has been made in 'error.' Alaska
has outlawed powdered alcohol and as of May 1, 2014 there is pending
legislation to ban powdered alcohol in Minnesota. This legislation will
ban this product in NYS should the FDA decide to change their decision
again to allow for the product to be marketed in the United States.
LEGISLATIVE HISTORY:
2013-14 A.9615 Referred to economic development
S.7217.A Referred to economic development
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
1357--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. CYMBROWITZ, KAMINSKY, CLARK -- read once and
referred to the Committee on Economic Development -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to
prohibiting the sale of any powdered or crystalline alcohol product
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3 of the alcoholic beverage
2 control law, as amended by chapter 42 of the laws of 2011, is amended to
3 read as follows:
4 1. "Alcoholic beverage" or "beverage" mean and include alcohol, spir-
5 its, liquor, wine, beer, cider and every liquid [or], solid, powder or
6 crystal, patented or not, containing alcohol, spirits, wine or beer and
7 capable of being consumed by a human being, and any warehouse receipt,
8 certificate, contract or other document pertaining thereto; except that
9 confectionery containing alcohol as provided by subdivision twelve of
10 section two hundred of the agriculture and markets law and ice cream and
11 other frozen desserts made with wine as provided in subdivision fifteen
12 of section two hundred of the agriculture and markets law shall not be
13 regulated as an "alcoholic beverage" or "beverage" within the meaning of
14 this section where the sale, delivery or giving away is to a person aged
15 twenty-one years or older. The sale, delivery or giving away of ice
16 cream made with wine to a person under the age of twenty-one years may
17 be prosecuted administratively and/or criminally in accordance with the
18 provisions of this chapter.
19 § 2. Section 100 of the alcoholic beverage control law is amended by
20 adding a new subdivision 1-a to read as follows:
21 1-a. No person shall sell, offer for sale, or otherwise provide for
22 the consumption of any powdered or crystalline alcoholic product.
23 § 3. This act shall take effect on the thirtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05265-02-5
