New York A 9368: Relates to the manufacture and sale of slushies made with liquor, wine, beer or cider

Bill Text

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A09368 Summary:

BILL NOA09368 

&nbsp

SAME ASSAME AS S08728

&nbsp

SPONSORLupardo

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §200, Ag & Mkts L; amd §1352-c, Pub Health L; amd §3, ABC L

&nbsp

Relates to the manufacture and sale of slushies made with liquor, wine, beer or cider; includes slushies as frozen desserts.

Go to top A09368 Actions:

BILL NOA09368 

&nbsp

12/19/2025referred to agriculture

01/07/2026referred to agriculture

Go to topA09368 Committee&nbspVotes:

Go to topA09368 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09368 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9368

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 19, 2025
 ___________

 Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
 tee on Agriculture

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 14 and 15 of section 200 of the agriculture
 2 and markets law, as amended by chapter 132 of the laws of 2020, are
 3 amended to read as follows:
 4 14. If it is ice cream or other frozen desserts, including slushies,
 5 made with liquor, wine, beer or cider bearing or containing more than
 6 five percent of alcohol by volume.
 7 15. With respect to the manufacture and sale of ice cream or other
 8 frozen desserts, including slushies, made with liquor, wine, beer or
 9 cider bearing or containing more than one-half of one percent, but not
 10 more than five percent of alcohol by volume:
 11 (a) No person shall sell at retail packages of ice cream or other
 12 frozen desserts, including slushies, made with liquor, wine, beer or
 13 cider for consumption off the premises where sold unless:
 14 (i) each package is a sealed package, as received from the manufactur-
 15 er or distributor;
 16 (ii) each sealed package, as received from the manufacturer or
 17 distributor, in a format to be established or approved by the commis-
 18 sioner, prominently bears the following statements, provided that such
 19 statements may refer to either liquor, wine, beer or cider or a combina-
 20 tion thereof:
 21 (A) The sale of this product to individuals under the age of twenty-
 22 one years is prohibited.
 23 (B) This product is made with (insert liquor, wine, beer and/or cider)
 24 and contains alcohol up to five percent by volume.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13826-01-5

 A. 9368 2

 1 (C) Notice. This product contains alcohol used as a flavoring and, as
 2 with any product that contains alcohol:
 3 (1) [women] persons who are pregnant should not consume alcohol during
 4 pregnancy because of the risk of birth defects, and
 5 (2) consumption of alcohol impairs your ability to drive a car or
 6 operate machinery, and may cause health problems.
 7 (iii) the following advisory, on a sign or poster not less than seven
 8 inches by five inches, in a format to be established or approved by the
 9 commissioner, is displayed prominently at each location where packages
 10 of ice cream or other frozen desserts made with liquor, wine, beer or
 11 cider are made available to the public provided that such sign or poster
 12 may refer to either liquor, wine, beer or cider or a combination there-
 13 of:
 14 "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM
 15 OR OTHER FROZEN DESSERTS
 16 The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR
 17 OTHER FROZEN DESSERTS to individuals under the age of twenty-one years
 18 is prohibited.
 19 (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN
 20 DESSERTS contain alcohol up to five percent by volume.
 21 NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
 22 FROZEN DESSERTS contain alcohol used as a flavoring and, as with any
 23 product that contains alcohol:
 24 (1) [women] persons who are pregnant should not consume alcohol during
 25 pregnancy because of the risk of birth defects, and
 26 (2) consumpt