New York Laws
Article 17 - Adulteration, Packing, and Branding of Food and Food Products
200 - Adulteration of Food.

(a) not be sold to individuals under twenty-one years of age;
(b) bear a statement on the label that sale of the product to
individuals under twenty-one years of age is prohibited;
(c) bear a statement on the label that the product contains alcohol up
to five percent by volume;
(d) bear the following statement: "Notice: This product contains
alcohol used as a flavoring and, as with any product that contains
alcohol: (i) women should not consume alcohol during pregnancy because
of the risk of birth defects, and (ii) consumption of alcohol impairs
your ability to drive a car or operate machinery, and may cause health
problems; and
(e) be sold, either alone or in conjunction with other confectionery
containing no alcohol or less than one-half of one per centum by volume
of alcohol derived solely from the use of flavoring extracts, in
quantities of at least one-half pound or in a package or container
containing at least twenty-four pieces.
If the confectionery is sold in bulk to be packaged by the retailer at
the time of sale to a consumer, the statements required by paragraphs
(b) and (c) of this subdivision shall appear on the box, bag or other
container in which the confectionery is placed by the retailer and
furnished to the consumer and the statement required by paragraph (d) of
this subdivision shall appear either on the box, bag or other container
in which the confectionery is placed by the retailer and furnished to
the consumer or shall appear on a card enclosed within such box, bag or
other container. In addition, the manufacturer and/or distributor of
such confectionery in bulk shall provide written notice to the retailer
with each shipment (i) that the confectionery in the shipment may not be
sold to individuals under twenty-one years of age; and (ii) that the
packaging in which such confectionery is furnished to the consumer must
bear the statements required by paragraphs (b) and (c) of this
subdivision; and (iii) that the statement required by paragraph (d) of
this subdivision must appear on the packaging in which such
confectionery is furnished to the consumer or on a card enclosed within
such packaging; and (iv) that the confectionery must be sold in
quantities of at least one-half pound or twenty-four pieces.
14. If it is ice cream or other frozen desserts made with liquor,
wine, beer or cider bearing or containing more than five percent of
alcohol by volume.
15. With respect to the manufacture and sale of ice cream or other
frozen desserts made with liquor, wine, beer or cider bearing or
containing more than one-half of one percent, but not more than five
percent of alcohol by volume:
(a) No person shall sell at retail packages of ice cream or other
frozen desserts made with liquor, wine, beer or cider for consumption
off the premises where sold unless:
(i) each package is a sealed package, as received from the
manufacturer or distributor;
(ii) each sealed package, as received from the manufacturer or
distributor, in a format to be established or approved by the
commissioner, prominently bears the following statements, provided that
such statements may refer to either liquor, wine, beer or cider or a
combination thereof:
(A) The sale of this product to individuals under the age of
twenty-one years is prohibited.
(B) This product is made with (insert liquor, wine, beer and/or cider)
and contains alcohol up to five percent by volume.
(C) Notice. This product contains alcohol used as a flavoring and, as
with any product that contains alcohol:
(1) women should not consume alcohol during pregnancy because of the
risk of birth defects, and
(2) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.
(iii) the following advisory, on a sign or poster not less than seven
inches by five inches, in a format to be established or approved by the
commissioner, is displayed prominently at each location where packages
of ice cream or other frozen desserts made with liquor, wine, beer or
cider are made available to the public provided that such sign or poster
may refer to either liquor, wine, beer or cider or a combination
thereof:
"THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM
OR OTHER FROZEN DESSERTS
The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR
OTHER FROZEN DESSERTS to individuals under the age of twenty-one years
is prohibited.
(1) women should not consume alcohol during pregnancy because of the
risk of birth defects, and
(2) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,
FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING
TO PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS."
(b) No manufacturer and/or distributor of ice cream or other frozen
desserts made with liquor, wine, beer or cider shall sell such product:
(i) to a person intending to sell at retail individual servings of ice
cream or other frozen desserts made with liquor, wine, beer or cider,
unless, with each shipment, such manufacturer and/or distributor
provides:
(A) a written notice that individual servings of ice cream or other
frozen desserts made with liquor, wine, beer or cider may be sold at
retail only where the retailer complies with all of the requirements set
forth in paragraph (a) of this subdivision, and
(B) a written copy of such requirements; and
(ii) to a person intending to sell at retail packages of ice cream or
other frozen desserts made with liquor, wine, beer or cider for
consumption off the premises, unless, with each shipment, such
manufacturer and/or distributor provides:
(A) a written notice that packages of ice cream or other frozen
desserts made with liquor, wine, beer or cider may be sold at retail
only where the retailer complies with all of the requirements set forth
in paragraph (a) of this subdivision, and
(B) a written copy of such requirements.

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