Legislative Activity: Alcopops 2012
 

Alcohol Justice

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Home -> Resources -> Legislative Activity -> Legislative Activity: Alcopops 2012

Legislative Activity: Alcopops 2012

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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.

 
  
Nebraska

Legislative Bill 824 - Signed by governor and effective on April 6, 2012 
Summary: Defines flavored malt beverage as a beer that derives not more than forty-nine percent of its total alcohol content from flavors or flavorings containing alcohol obtained by distillation, except that in the case of a malt beverage with an alcohol content of more than six percent by volume, not more than one and one-half percent of the volume of the malt beverage may consist of alcohol derived from flavors, flavorings, or other nonbeverage ingredients containing alcohol obtained by distillation.
Sponsor(s): Senator Russ Karpisek (Fillmore)

  

New Jersey

Senate Bill 1254 
Summary: Creates a new taxable category of alcoholic beverages separate from beer called flavored malt beverages. The new tax rate on flavored malt beverages is $4.40 per gallon. Beer is taxed at a rate of $0.12 per gallon. Dedicates half of the revenue raised from the tax to the Alcohol Education, Rehabilitation and Enforcement Fund.
Sponsor(s): Senator Joseph Vitale (D-Middlesex)
 
Senate Bill 709 
Summary: Prohibits the sale of caffeinated alcoholic beverages. “Caffeinated alcoholic beverage” is defined as any prepackaged alcoholic beverage that has been supplemented by the manufacturer with caffeine or other stimulant that is metabolized by the body as caffeine.
Sponsor(s): Senators Kevin O’Toole (R-Bergen) and Shirley Turner (D-Hunterdon)
  
Assembly Bill 1385
Summary: Creates a new taxable category of alcoholic beverages separate from beer called flavored malt beverages. Imposes a tax on flavored malt beverages at the rate of $4.40 per gallon. Beer is taxed at a rate of $0.12 per gallon. Dedicates half of the revenue raised from the tax to the Alcohol Education, Rehabilitation and Enforcement Fund.
Sponsor(s): Assembly members Mary Angelini (R-Monmouth), Valerie Huttle (D-Bergen) and Albert Coutinho (D-Essex)
 
Assembly Bill 451
Summary: Prohibits the sale of alcoholic energy drinks. Defines alcoholic energy drinks as any prepackaged alcoholic beverage that has been intentionally supplemented by the manufacturer with caffeine.
Sponsor(s): Assembly members Mary Angelini (R-Monmouth)
 
 
New York

Assembly Bill 1557
Summary: Prohibits the importation, distribution or sale of alcoholic energy drinks. “Alcoholic energy drink” is defined as being any alcoholic beverages to which caffeine or other stimulants are added.
Sponsor(s): Assembly Member Felix W. Ortiz (D-Brooklyn), Michael Miller (D-Queens), Nettie Mayersohn (D-Queens)*

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)

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)

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)     

Assembly Bill 5171
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 Members 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)*
      
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)*
  
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) 
 

Assembly Bill 6914
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)
 
 
Ohio

House Bill 356

Summary: Increases 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)        
 
  
Pennsylvania

House Bill 719

Summary: Prohibits the sale of caffeinated or stimulant-enhanced malt beverages.

Sponsor(s): Representative Vanessa Lowery Brown (D-Monroe)