Bill Text: NY A03321 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires alcoholic beverages sold at retail for off-premises consumption include a calorie content value label.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A03321 Detail]

Download: New_York-2019-A03321-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3321
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        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.