S 8010: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 8010 2025-2026 Regular Sessions  IN SENATE May 15, 2025 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations 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 
 S. 8010 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 authorized to be made and 21 completed on or before such effective date.