New York A 7860: Includes spirit-based ready-to-drink cocktails in the definition of beverage and includes ready-to-drink cocktail containers under the state's bottle deposit system

Bill Text

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A07860 Summary:

BILL NOA07860 

&nbsp

SAME ASSAME AS S08010

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SPONSORAlvarez

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COSPNSRDe Los Santos

&nbsp

MLTSPNSR

&nbsp

Amd §3, ABC L; amd §27-1003, En Con L

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Adds spirit-based ready-to-drink cocktails to the definition of beverage; includes ready-to-drink cocktail containers in the state bottle deposit incentive program.

Go to top A07860 Actions:

BILL NOA07860 

&nbsp

04/11/2025referred to environmental conservation

01/07/2026referred to environmental conservation

Go to topA07860 Committee&nbspVotes:

Go to topA07860 Floor&nbspVotes:

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

Go to topA07860 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7860

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 11, 2025
 ___________

 Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
 tee on Environmental Conservation

 AN ACT to amend the alcoholic beverage control law, in relation to
 including spirit-based ready-to-drink cocktails in the definition of
 beverage; and to amend the environmental conservation law, in relation
 to including ready-to-drink cocktail containers under the state's
 bottle deposit system

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

 1 Section 1. Legislative findings and intent. The legislature finds and
 2 declares that the increasing popularity of spirit-based ready-to-drink
 3 (RTD) cocktails has led to a significant rise in the number of single-
 4 use beverage containers sold throughout New York state. Although malt-
 5 based RTD beverages are already covered under the returnable container
 6 act, spirit-based RTDs are excluded from the law. This exclusion has
 7 contributed to disproportionate levels of litter and improper disposal.
 8 It is estimated that over 100 million spirit-based RTD containers are
 9 sold annually in New York state, and without a redemption incentive, a
 10 large portion of these containers are discarded improperly, ending up in
 11 parks, streets, waterways, and landfills. Including spirit-based RTDs in
 12 the state's bottle deposit system will reduce litter, support recycling
 13 efforts, and bring consistency and fairness to how all single-serve
 14 beverages are regulated.
 15 § 2. Section 3 of the alcoholic beverage control law is amended by
 16 adding a new subdivision 23-a to read as follows:
 17 23-a. "Ready-to-drink cocktail" or "RTD cocktail" shall mean a
 18 premixed beverage containing distilled spirits, not exceeding six
 19 percent alcohol by volume, that is packaged for sale in sealed contain-
 20 ers for off-premises consumption. The term "ready-to-drink cocktail" or
 21 "RTD cocktail" shall not include malt-based beverages or wine products.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11558-01-5

 A. 7860 2

 1 § 3. Subdivision 1 of section 27-1003 of the environmental conserva-
 2 tion law, as amended by section 2 of part SS of chapter 59 of the laws
 3 of 2009, is amended to read as follows:
 4 1. "Beverage" means carbonated soft drinks, water, beer, other malt
 5 beverages, ready-to-drink cocktails, as defined in subdivision twenty-
 6 three-a of section three of the alcoholic beverage control law, and a
 7 wine product as defined in subdivision thirty-six-a of section three of
 8 the alcoholic beverage control law. "Malt beverages" means any beverage
 9 obtained by the alcoholic fermentation or infusion or decoction of
 10 barley, malt, hops, or other wholesome grain or cereal and water includ-
 11 ing, but not limited to ale, stout or malt liquor. "Water" means any
 12 beverage identified through the use of letters, words or symbols on its
 13 product label as a type of water, including any flavored water or nutri-
 14 tionally enhanced water, provided, however, that "water" does not
 15 include any beverage identified as a type of water to which a sugar has
 16 been added.
 17 § 4. This act shall take effect on the one hundred eightieth day after
 18 it shall have become a law. Effective immediately, the addition, amend-
 19 ment and/or repeal of any rule or regulation necessary for the implemen-
 20 tation of this act on its effective date are aut