These bills concern the regulation of alcoholic beverages known as alcopops, flavored malt beverages, and alcoholic energy drinks. Included are bills about how a state classifies the products, as well as bills seeking to regulate or prohibit the products for a variety of reasons, including container size and the addition of caffeine or other stimulants. Bills about the taxation of these products are listed in the Taxes section.
California
Summary: Prohibits the production, manufacture and distribution of caffeinated beer beverages.
Sponsor(s): Senator Alex Padilla (D-San Fernando)
Summary: Prohibits the manufacture, distribution or sale of any product that combines beer or any other alcoholic liquor with caffeine or other similar substances that are commonly referred to as “alcohol energy drinks.”
Sponsor(s): Senator Ira Silverstein (D-Chicago)
House Bill 1327
Summary: Prohibits the manufacture, distribution and sale of any alcoholic liquor that combines alcohol with caffeine, guarana or other similar substances that are commonly referred to as “caffeinated alcohol beverages.”
Sponsor(s): Representative Naomi Jakobsson (D-Champaign)
Senate Bill 1
Summary: Prohibits the manufacture, sale, or distribution of caffeinated alcoholic beverages.
Sponsor(s): Senator Brian H. Schoenjahn (D-Buchanan)
Sponsor(s): Mark Smith (D-Marshall)
Senate File 150
Summary: Excludes beer containing caffeine and other added stimulants from the definition for high alcoholic content beer (beer with an alcohol content by weight of more than 5% through 12%)
Sponsor(s): Committee on Commerce
House File 617 - PASSED INTO LAW*
Summary: Prohibits beer with an alcoholic content over 5% through 12% alcohol by weight from containing more than 0.5% volume of alcohol derived from added flavors and other nonbeverage ingredients in the alcohol. Added flavors and other nonbeverage ingredients may not included added caffeine or other stimulants.
Sponsor(s): State Government
*Governor signed March 30, 2011. Effective March 30, 2011.
Senate Bill 5664
Summary: Phases in restrictions on wholesalers and retailers ability to sell flavored malt beverages for off-site consumption. Certain alcohol license-types will be prohibited from selling flavored malt beverages when their license is renewed or a new license is issued. Flavored malt beverages are defined as including malt, liquor, wine as well as other additives and flavorings, such as fruit flavors or stimulants.
Sponsor(s): Senator Jeffrey Klein (D-Westchester)
Summary: Classifies "flavored malt beverages" as a liquor for the purposes of sale and distribution. Defines "flavored malt beverage" as including any alcoholic beverage manufactured from malt, liquor, spirit or wine and contains more than 6% alcohol by volume and more than 1% sugar by volume which is manufactured with the addition of flavorings or stimulants.
Sponsor(s): Assembly Member Felix W. Ortiz (D-Brooklyn)
Senate Bill 4221
Summary: Classifies "flavored malt beverages" as a liquor for the purposes of sale and distribution. Defines "flavored malt beverage" as including any alcoholic beverage manufactured from malt, liquor, spirit or wine and contains more than 6% alcohol by volume and more than 1% sugar by volume which is manufactured with the addition of flavorings or stimulants.
Sponsor(s): Senator Jeffrey Klein (D-Bronx/Westchester)
Senate Bill 3889
Summary: Prohibits the sale of caffeinated or stimulant-enhanced alcohol beverages. “Caffeinated or stimulant-enhanced alcoholic beverage” means any product manufactured from malt or a substitute, including spirits and wine, that contains between 5 percent and 15 percent alcohol by volume and caffeine or any other stimulant.
Sponsor(s): Senators Jeffrey Klein (D-Bronx) and Adriano Espaillat (D-Manhattan)
Summary: Prohibits the sale of caffeinated or stimulant-enhanced alcoholic beverages, including any manufactured alcoholic beverages that contain more than 5% through 15% alcohol by volume and more than 6 milligrams per ounce of caffeine or any other stimulant.
Sponsor(s): Assembly Member Felix W. Ortiz (D-Brooklyn), Annette Robinson (D-Kings), Naomi Rivera (D-Bronx)*
Assembly Bill 5169
Summary: Requires alcoholic beverages containing caffeine or other stimulants to be sold in an area separate from other beverages, including other alcoholic beverages. A sign shall be posted in the area where the alcoholic beverages containing a stimulant are sold stating that the beverages contain alcohol, are not to be consumed by persons under the age of 21, and should not be confused with energy drinks.
Sponsor(s): Assembly Member Felix W. Ortiz (D-Brooklyn), Annette Robinson (D-Kings), Naomi Rivera (D-Bronx)*
Assembly Bill 5168
Summary: Excludes any alcoholic beverage that contains caffeine or other stimulants from the definition for “beer” and instead defines all of these beverages as being “liquor.”
Sponsor(s): Assembly Member Felix W. Ortiz (D-Brooklyn), Annette Robinson (D-Kings), Naomi Rivera (D-Bronx)*
Senate Bill 2798
Summary: Excludes any alcoholic beverage that contains caffeine or other stimulants from the definition for “beer” and instead defines all of these beverages as being “liquor.”
Sponsor(s): Senator Jeffrey Klein (D-Bronx)
Senate Bill 2799
Summary: Requires alcoholic beverages containing caffeine or other stimulants to be sold in an area separate from other beverages, including other alcoholic beverages. A sign shall be posted in the area where the alcoholic beverages containing a stimulant are sold stating that the beverages contain alcohol, are not to be consumed by persons under the age of 21, and should not be confused with energy drinks.
Sponsor(s): Senator Jeffrey Klein (D-Bronx)
Senate Bill 2842
Summary: Makes it a felony for any alcohol retailer or employee to sell an alcoholic beverage containing caffeine or other stimulant to a person under the age of 21.
Sponsor(s): Senator Jeffrey Klein (D-Bronx)
Ohio
House Bill 356
Summary: Increase the upper alcohol content limit allowed in “beer” from 12% to 21% alcohol by volume. Beer containing more than 12% ABV is prohibited from containing caffeine or other stimulants.
Sponsor(s): Representative Dan Ramose (D-Lorain)
Oklahoma
Sponsor(s): Senator Jerry Ellis (D-Valliant)
Pennsylvania
House Bill 719
Summary: Prohibits the sale of caffeinated or stimulant-enhanced malt beverages.
Sponsor(s): Representative Vanessa Lowery Brown (D-Monroe)
South Carolina
Summary: Prohibits the sale of alcoholic energy drinks and caffeinated malt beverages. Authorizes the alcohol control board to promulgate rules to effectuate the purpose of the bill.
Sponsor(s): Vincent Sheheen (D-Chesterfield)
Summary: Prohibits the sale of alcoholic energy drinks and caffeinated malt beverages. Authorizes the alcohol control board to promulgate rules to effectuate the purpose of the bill.
Sponsor(s): Senator Laurie Funderburk (D-Kershaw)
Sponsor(s): Senator Joseph Jefferson Jr. (D-Berkeley)
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