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.
STATE OF NEW YORK
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8485
IN SENATE
September 10, 2010
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Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 two 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.
23 § 2. Subdivision 2 of section 107-a of the alcoholic beverage control
24 law, as added by chapter 479 of the laws of 1940, is amended to read as
25 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD18098-03-0
S. 8485 2
1 2. Such regulations shall be calculated to prohibit deception of the
2 consumer; to afford him or her adequate information as to quality and
3 identity; and to achieve national uniformity in this field in so far as
4 possible. In addition, for the approval of labels for containers of any
5 alcoholic beverage that contains more than two per centum alcohol by
6 volume, in combination with more than five milligrams per ounce of
7 caffeine or any other stimulant including, but not limited to guarana,
8 ginseng or taurine that has an equivalent effect as such quantity of
9 caffeine, the label or container thereof must:
10 (a) have a disclosure that is either part of the label or affixed to
11 the container that advises purchasers that this alcoholic beverage (i)
12 contains a combination of high concentrations of alcohol (a depressant)
13 and caffeine (a stimulant) or another stimulant, and that the health
14 effects of such combination are not completely known; (ii) over consump-
15 tion of this alcoholic beverage may cause future cardiovascular or
16 neurological problems, higher risk of accidental physical injury to the
17 consumer or others, or alcohol poisoning; (iii) the stimulant in this
18 alcoholic beverage may mask the level of impairment and disorientation
19 that can occur due to the amount of alcohol that is also contained in
20 this beverage; and (iv) the operation of motor vehicles and other
21 machinery should be avoided after consuming this alcoholic beverage;
22 (b) be designed so that it cannot be confused with other energy drinks
23 or beverages that are not alcoholic beverages and are legally available
24 for sale to persons under the age of twenty-one years. Such design may
25 be accomplished by a label design that places a stripe or other indica-
26 tor to show that this beverage contains alcohol or by affixing the
27 disclosure required by paragraph (a) of this subdivision that also
28 clearly indicates that the beverage contains alcohol and that it is
29 illegal to be consumed by any person under the age of twenty-one years;
30 and
31 (c) be designed so as not to be attractive to or encourage the
32 consumption of such alcoholic beverage by persons under the age of twen-
33 ty-one years. Such design may be accomplished by a label design that
34 clearly indicates that this is an alcoholic beverage that cannot be
35 legally consumed by persons under the age of twenty-one years or by the
36 prominent affixing of the disclosure required by paragraph (a) of this
37 subdivision.
38 § 3. Clause (ii) of subparagraph 2 of paragraph (c) of subdivision 4
39 of section 107-a of the alcoholic beverage control law, as amended by
40 chapter 490 of the laws of 1993, is amended to read as follows:
41 (ii) the authority does not deny such application within thirty days
42 after receipt; provided, however, that with respect to any alcoholic
43 beverage that contain a combination of alcohol and caffeine or other
44 stimulant, as described in subdivision two of this section, the authori-
45 ty does not deny such application within one hundred twenty days after
46 receipt so that the authority has a sufficient period of time to review
47 such label and ensure that the requirements established in such subdivi-
48 sion are complied with.
49 § 4. This act shall take effect on the two hundred seventieth day
50 after it shall have become a law. Effective immediately, the state
51 liquor authority is authorized to add, amend and/or repeal any rules and
52 regulations necessary to implement the provisions of this act within one
53 hundred twenty days after it shall have become a law.
