A03751 Summary:

BILL NOA03751
 
SAME ASNo Same As
 
SPONSOROrtiz (MS)
 
COSPNSRAubry
 
MLTSPNSRArroyo, Thiele
 
Amd 105 & 107-a, ABC L
 
Directs the state liquor authority to require certain labeling of alcoholic beverages containing caffeine or other stimulants; requires retail licensees for off-premises consumption to sell alcoholic beverages containing stimulants in an area of the licensed premises separate from that where other alcoholic beverages and energy drinks are sold.
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A03751 Actions:

BILL NOA03751
 
01/31/2019referred to economic development
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A03751 Committee Votes:

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A03751 Floor Votes:

There are no votes for this bill in this legislative session.
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A03751 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3751
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  M.  of A. ORTIZ, AUBRY -- Multi-Sponsored by -- M. of A.
          ARROYO, THIELE -- read once and referred to the Committee on  Economic
          Development
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          requiring the segregation of certain alcoholic beverages with a stimu-
          lant sold for off-premises consumption and the labeling of  containers
          containing certain alcoholic beverages
 
          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 13 to read as follows:
     3    13.  (a)  Each  retail license for off-premises consumption that sells
     4  alcoholic beverages that contain more than two  per  centum  alcohol  by
     5  volume,  in  combination  with  more  than  five milligrams per ounce of
     6  caffeine or any other stimulant including, but not limited  to  guarana,
     7  ginseng  or  taurine  that  has an equivalent effect as such quantity of
     8  caffeine shall sell such alcoholic beverages in an area of the  licensed
     9  premises that is segregated from the area where other beverages, includ-
    10  ing  alcoholic beverages, are sold. No such alcoholic beverages contain-
    11  ing a stimulant shall be commingled with other  alcoholic  beverages  or
    12  energy drinks.
    13    (b) At the front of the segregated area of the licensed premises where
    14  alcoholic  beverages containing a stimulant are sold, the licensee shall
    15  conspicuously post a sign containing the notices and  warnings  provided
    16  for  in  paragraphs  (a),  (b) and (c) of subdivision one of section one
    17  hundred seven-a of this article.   Furthermore, such  sign  shall  state
    18  that  these  beverages  contain  alcohol  and  by  law cannot legally be
    19  consumed by persons under the age of twenty-one years,  and  that  these
    20  beverages  should  not  be confused with energy drinks. The state liquor
    21  authority shall  be  authorized  to  promulgate  rules  and  regulations
    22  providing for the form and content of such notices and warnings.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08194-01-9

        A. 3751                             2
 
     1    §  2.  The  closing paragraph of subdivision 1 of section 107-a of the
     2  alcoholic beverage control law, as amended by chapter 354 of the laws of
     3  2013, is amended to read as follows:
     4    Such  regulations  shall  be  calculated  to prohibit deception of the
     5  consumer; to afford him or her adequate information as  to  quality  and
     6  identity;  and to achieve national uniformity in so far as possible.  In
     7  addition, for the approval of labels for  containers  of  any  alcoholic
     8  beverage  that  contains  more than two per centum alcohol by volume, in
     9  combination with more than five milligrams per ounce of caffeine or  any
    10  other  stimulant  including,  but  not  limited  to  guarana, ginseng or
    11  taurine that has an equivalent effect as such quantity of caffeine,  the
    12  label or container thereof must:
    13    (a)  have  a disclosure that is either part of the label or affixed to
    14  the container that advises purchasers that this alcoholic  beverage  (i)
    15  contains  a combination of high concentrations of alcohol (a depressant)
    16  and caffeine (a stimulant) or another stimulant,  and  that  the  health
    17  effects of such combination are not completely known; (ii) over consump-
    18  tion  of  this  alcoholic  beverage  may  cause future cardiovascular or
    19  neurological problems, higher risk of accidental physical injury to  the
    20  consumer  or  others,  or alcohol poisoning; (iii) the stimulant in this
    21  alcoholic beverage may mask the level of impairment  and  disorientation
    22  that  can  occur  due to the amount of alcohol that is also contained in
    23  this beverage; and (iv)  the  operation  of  motor  vehicles  and  other
    24  machinery should be avoided after consuming this alcoholic beverage;
    25    (b) be designed so that it cannot be confused with other energy drinks
    26  or beverages that are not alcoholic  beverages and are legally available
    27  for  sale  to persons under the age of twenty-one years. Such design may
    28  be accomplished by a label design that places a stripe or other  indica-
    29  tor  to  show  that  this  beverage  contains alcohol or by affixing the
    30  disclosure required by paragraph  (a)  of  this  subdivision  that  also
    31  clearly  indicates  that  the  beverage  contains alcohol and that it is
    32  illegal to be consumed by any person under the age of twenty-one  years;
    33  and
    34    (c)  be  designed  so  as  not  to  be  attractive to or encourage the
    35  consumption of such alcoholic beverage by persons under the age of twen-
    36  ty-one years. Such design may be accomplished by  a  label  design  that
    37  clearly  indicates  that  this  is  an alcoholic beverage that cannot be
    38  legally consumed by persons under the age of twenty-one years or by  the
    39  prominent  affixing  of the disclosure required by paragraph (a) of this
    40  subdivision.
    41    § 3. Clause (ii) of subparagraph 2 of paragraph (a) of  subdivision  4
    42  of  section  107-a  of the alcoholic beverage control law, as amended by
    43  chapter 369 of the laws of 2017, is amended to read as follows:
    44    (ii) the authority does not deny such application within  thirty  days
    45  after  receipt;  provided,  however,  that with respect to any alcoholic
    46  beverage that contains a combination of alcohol and  caffeine  or  other
    47  stimulant, as described in subdivision one of this section, the authori-
    48  ty  does  not deny such application within one hundred twenty days after
    49  receipt so that the authority has a sufficient period of time to  review
    50  such label and ensure that the requirements established in such subdivi-
    51  sion are complied with.
    52    §  4.  Clause (ii) of subparagraph 2 of paragraph (a) of subdivision 4
    53  of section 107-a of the alcoholic beverage control law,  as  amended  by
    54  chapter 440 of the laws of 2018, is amended to read as follows:
    55    (ii)  the  authority does not deny such application within thirty days
    56  after receipt; provided, however, that with  respect  to  any  alcoholic

        A. 3751                             3
 
     1  beverage  that  contains  a combination of alcohol and caffeine or other
     2  stimulant, as described in subdivision one of this section, the authori-
     3  ty does not deny such application within one hundred twenty  days  after
     4  receipt  so that the authority has a sufficient period of time to review
     5  such label and ensure that the requirements established in such subdivi-
     6  sion are complied with.
     7    § 5. This act shall take effect on  the  two  hundred  seventieth  day
     8  after it shall have become a law, provided, however, that if chapter 440
     9  of  the  laws of 2018 shall not have taken effect on or before such date
    10  then section four of this act shall take effect on the same date and  in
    11  the same manner as such chapter of the laws of 2018 takes effect. Effec-
    12  tive immediately, the state liquor authority is authorized to add, amend
    13  and/or  repeal  any  rules  and  regulations  necessary to implement the
    14  provisions of this act within one hundred twenty  days  after  it  shall
    15  have become a law.
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