New York S 8728: Relates to the manufacture and sale of slushies made with liquor, wine, beer or cider

Bill Text

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S08728 Summary:

BILL NOS08728 

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SAME ASSAME AS A09368

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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

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

Go to top S08728 Actions:

BILL NOS08728 

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01/07/2026REFERRED TO AGRICULTURE

Go to topS08728 Committee&nbspVotes:

Go to topS08728 Floor&nbspVotes:

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

Go to topS08728 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8728

 IN SENATE

 January 7, 2026
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee 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.
 25 (C) Notice. This product contains alcohol used as a flavoring and, as
 26 with any product that contains alcohol:

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

 S. 8728 2

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