BILL NUMBER: S8728
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the agriculture and markets law, the public health law
and the alcoholic beverage control law, in relation to the manufacture
and sale of slushies made with liquor, wine, beer or cider
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow slushies made with not more
than five percent alcohol by volume be sold as a frozen dessert. This
is an expansion to the law passed in 2020 which allowed liquor in ice
cream. These products sales would be restricted to those over 21 years
of age.
 
SUMMARY OF PROVISIONS:
Section 1: Subdivision 14 and 15 of section 200 of the Agriculture and
Markets law is amended to add slushies to the law authorizing the sale
of ice cream and frozen desserts containing alcohol between one-half of
one percent to 5% alcohol content, provided only those over 21 years of
age can be served or sold to and alcohol warning labels or signs are
provided on the packages or at the point of sale.
Section 2: Section 1352-c of the Public Health Law is amended to add
Slushies to the law requiring alcohol warning signs to customers at
restaurants and other foodservice establishments where these products
are sold.
Section 3: Subdivision 1 of Section 3 of the Alcoholic Beverage Control
law is amended.
Section 4: Establishes the effective date.
 
JUSTIFICATION:
Confectionary products that contain a small amount of alcohol, between
one-half of one percent but not more than five percent alcohol content,
have been safely sold in New York State since 2008. In 2020, the law was
expanded to include ice cream products. The legislation would also
require the same product labeling and warning statements that confec-
tionary and ice cream containing alcohol must currently display and
would restrict sales to 21 and over.
This bill will allow New York craft beverage producers, wineries, food
manufacturers and restaurants to meet the increasing consumer demand for
these new and innovative products.
 
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation will have no negative fiscal implications for State or
local governments, it may result in a slight increase in sales tax
revenue due to the allowable sale of these products.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8728: 1352-c public health law, 3 alcoholic beverage control law, 3(1) alcoholic beverage control law