N.Y. Public Health Law Section 1352-C
Ice cream or other frozen desserts made with liquor, wine, beer or cider

No person shall sell at retail individual servings 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, unless the following statements are prominently displayed on the printed menu (or, if no printed menus are used, on the menu board or sign setting forth the bill of fare) immediately adjacent to the listing of the item or items of ice cream or other frozen desserts made with liquor, wine, beer or cider being offered provided that such statements may refer to liquor, wine, beer or cider or a combination thereof:

1.

The sale of (insert liquor, wine, beer and/or cider) ice cream or other frozen desserts to individuals under the age of twenty-one is prohibited.

2.

(Insert liquor, wine, beer and/or cider) ice cream or other frozen desserts contain alcohol up to five percent by volume.

3.

Notice: (Insert liquor, wine, beer and/or cider) ice cream or other frozen desserts contain alcohol used as a flavoring and, as with any product that contains alcohol:

(a)

women should not consume alcohol during pregnancy because of the risk of birth defects, and

(b)

consumption of alcohol impairs your ability to drive a car or operate machinery, and may cause health problems.

Source: Section 1352-C — Ice cream or other frozen desserts made with liquor, wine, beer or cider, https://www.­nysenate.­gov/legislation/laws/PBH/1352-C (updated Aug. 7, 2020; accessed Apr. 27, 2024).

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Accessed:
Apr. 27, 2024

Last modified:
Aug. 7, 2020

§ 1352-C’s source at nysenate​.gov

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