STATE OF NEW YORK
________________________________________________________________________
3321
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
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Introduced by M. of A. ORTIZ, NORRIS -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring alcoholic beverages sold at retail for off-premises consump-
tion include a calorie content value label
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 105 of the alcoholic beverage control law is
2 amended by adding a new subdivision 24 to read as follows:
3 24. No retail licensee for off-premises consumption shall sell any
4 alcoholic beverage without a calorie content value label affixed to or
5 imprinted upon the container of such alcoholic beverage pursuant to
6 section one hundred seven-a of this article.
7 § 2. Section 107-a of the alcoholic beverage control law is amended by
8 adding a new subdivision 6 to read as follows:
9 6. (a) No alcoholic beverage shall be offered for sale for off-premis-
10 es consumption unless there is a calorie content value label affixed to
11 or imprinted upon the container of such alcoholic beverage in the form
12 and with the content required by this subdivision. Such calorie content
13 value shall be listed clearly and conspicuously on the bottle, can, or
14 other such container of the alcoholic beverage in a font and format that
15 is at least as prominent, in size and appearance, as that used to post
16 the alcohol content of such alcoholic beverage. For purposes of this
17 subdivision, "calorie content value" means the number of calories in an
18 alcoholic beverage in the size and portion normally offered for sale, as
19 determined pursuant to a method that complies with paragraph (b) of this
20 subdivision.
21 (b) Calorie content values required by this subdivision shall be based
22 upon a verifiable analysis of an alcoholic beverage, which may include
23 the use of nutrient databases, laboratory testing, or other reliable
24 methods of analysis, and shall be rounded to the nearest ten calories
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07454-01-9
A. 3321 2
1 for calorie content values above fifty calories and to the nearest five
2 calories for calorie content values of fifty calories or below.
3 § 3. This act shall take effect one year after it shall have become a
4 law. Effective immediately, the addition, amendment and/or repeal of any
5 rule or regulation necessary for the implementation of this act on its
6 effective date are authorized to be made on or before such date.
