Bill Text: NY A03879 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the sale and delivery of certain caffeinated or stimulant-enhanced alcoholic beverages.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A03879 Detail]
Download: New_York-2019-A03879-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3879 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ 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. LBD07764-01-9A. 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.
