Skip to main content

On August 3, 2020, New York Governor Andrew Cuomo signed into law S7013 / A8732, authorizing the sale of alcoholic ice cream in the state. S7013 amends the New York Agriculture and Markets Act, the Public Health Act, and the Alcoholic Beverage Control Act, with respect to the licensing of the manufacture and sale of ice cream and d ‘other frozen alcohol-based desserts. The law applies to sealed packages of ice cream manufactured by dairy processors and manufacturers, alcohol and craft beverage producers, restaurants and other grocery retailers.

The measure would limit the percentage of alcohol in ice cream to no more than five percent alcohol by volume (ABV) and would require the same product labeling and warnings similar to those of confectionery containing wine, beer or cider. For your information, ice cream containing wine, beer, or cider was already legal in the state. In addition, the law notes that ice cream and other frozen desserts, made from wine, beer or cider with an alcohol content not exceeding five percent ABV are not considered an alcoholic beverage.

The law requires manufacturers or distributors to include statements, including “the sale of this product to persons under the age of twenty-one is prohibited” and “this product is made with (insert alcohol, wine, beer and / or cider) and contains up to five percent alcohol by volume. In addition, these products should include warnings such as “This product contains alcohol used as a flavoring and, as with any product containing alcohol: (1) Women should not consume alcohol during pregnancy in due to the risk of birth defects, and (2) alcohol consumption impairs your ability to drive or use machines and may cause health problems.

In an August 3, 2020 press release, Governor Andrew Cuomo said that “the craft beverage industry has experienced explosive growth in New York City and with that comes the responsibility to advance regulations that help ensure the long-term sustainability, protect consumers and provide opportunities for farmers. to increase their turnover.

© 2021 Keller and Heckman srlRevue nationale de droit, volume X, number 219

Leave a Reply