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N.Y. Pub. Health Law § 1352-c

Ice cream or other frozen desserts made with liquor, wine, beer or cider

Redline — January 1, 2019 → current.View current text →
Current — January 1, 2021
As of January 1, 2019
§ 1352-c. Ice cream or other frozen desserts made with wine, beer or\ncider. No person shall sell at retail individual servings of ice cream\nor other frozen desserts made with wine, beer or cider bearing or\ncontaining more than one-half of one percent but not more than five\npercent of alcohol by volume, unless the following statements are\nprominently displayed on the printed menu (or, if no printed menus are\nused, on the menu board or sign setting forth the bill of fare)\nimmediately adjacent to the listing of the item or items of ice cream or\nother frozen desserts made with wine, beer or cider being offered\nprovided that such statements may refer to wine, beer or cider or a\ncombination thereof:\n 1. The sale of (insert wine, beer and/or cider) ice cream or other\nfrozen desserts to individuals under the age of twenty-one is\nprohibited.\n 2. (Insert wine, beer and/or cider) ice cream or other frozen desserts\ncontain alcohol up to five percent by volume.\n 3. Notice: (Insert wine, beer and/or cider) ice cream or other frozen\ndesserts contain alcohol used as a flavoring and, as with any product\nthat contains alcohol:\n (a) women should not consume alcohol during pregnancy because of the\nrisk of birth defects, and\n (b) consumption of alcohol impairs your ability to drive a car or\noperate machinery, and may cause health problems.\n
§ 1352-c. Ice cream or other frozen desserts made with liquor, wine,\nbeer or cider. No person shall sell at retail individual servings of ice\ncream or other frozen desserts made with liquor, wine, beer or cider\nbearing or containing more than one-half of one percent but not more\nthan five percent of alcohol by volume, unless the following statements\nare prominently displayed on the printed menu (or, if no printed menus\nare used, on the menu board or sign setting forth the bill of fare)\nimmediately adjacent to the listing of the item or items of ice cream or\nother frozen desserts made with liquor, wine, beer or cider being\noffered provided that such statements may refer to liquor, wine, beer or\ncider or a combination thereof:\n 1. The sale of (insert liquor, wine, beer and/or cider) ice cream or\nother frozen desserts to individuals under the age of twenty-one is\nprohibited.\n 2. (Insert liquor, wine, beer and/or cider) ice cream or other frozen\ndesserts contain alcohol up to five percent by volume.\n 3. Notice: (Insert liquor, wine, beer and/or cider) ice cream or other\nfrozen desserts contain alcohol used as a flavoring and, as with any\nproduct that contains alcohol:\n (a) women should not consume alcohol during pregnancy because of the\nrisk of birth defects, and\n (b) consumption of alcohol impairs your ability to drive a car or\noperate machinery, and may cause health problems.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.