STATE OF NEW YORK
________________________________________________________________________
3879
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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Introduced by M. of A. ORTIZ, AUBRY, ARROYO, THIELE -- read once and
referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
prohibiting the sale of caffeinated or stimulant-enhanced alcoholic
beverages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 7-e to read as follows:
3 7-e. "Caffeinated or stimulant-enhanced alcoholic beverage" means and
4 includes a beer or wine product that contains more than six per centum
5 alcohol by volume and an unsafe food additive. For the purposes of this
6 subdivision, "unsafe food additive" shall have the same meaning as
7 provided in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348)
8 and shall include, but not be limited to, caffeine or other stimulants
9 directly added to an alcoholic beverage as a separate ingredient without
10 approval by federal regulation or acknowledgement as generally recog-
11 nized as safe.
12 § 2. Section 100 of the alcoholic beverage control law is amended by
13 adding a new subdivision 9 to read as follows:
14 9. No licensee, permittee or person shall sell, deliver or give away,
15 or cause, permit or procure to be sold, delivered or given away any
16 caffeinated or stimulant-enhanced alcoholic beverage, as defined in
17 subdivision seven-e of section three of this chapter.
18 § 3. This act shall take effect on the one hundred eightieth day after
19 it shall have become a law; provided that the provisions of this act
20 shall not be deemed to prohibit any person, licensed to sell alcoholic
21 beverages at retail for on-premises or off-premises consumption, from
22 selling, delivering or giving away any caffeinated or stimulant-enhanced
23 alcoholic beverage to a distributor or manufacturer of such beverage
24 within sixty days of the effective date of this act when the caffeinated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07764-01-9
A. 3879 2
1 or stimulant-enhanced beverage was received by the retail licensee prior
2 to the effective date of this act. Effective immediately, the state
3 liquor authority is authorized to amend, add and/or repeal any rules and
4 regulations necessary to implement the provisions of this act on or
5 before its effective date.