Allows sale of ice cream and other frozen desserts infused with certain alcoholic beverages.

A5013 1R

[First Reprint]

ASSEMBLY, No. 5013

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblyman� ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman� HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

SYNOPSIS

���� Allows sale of ice cream and other frozen desserts
infused with certain alcoholic beverages.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Oversight, Reform and
Federal Relations Committee on June 15, 2026, with amendments.

��

An Act
concerning the
manufacturing, sale, and
distribution
of frozen desserts and supplementing
Title 24 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a. As used in this act:

���� �Alcoholic beverage� means
distilled alcoholic beverage, wine, malt alcoholic beverage, hard cider, or
mead manufactured in accordance with R.S.33:1-10.

���� �Frozen dessert� shall have
the same meaning as in section 2 of P.L.1964, c. 120 (C.24:10-73.2).

���� b.��� A person licensed to
sell or distribute frozen desserts pursuant to section 10 of P.L.1964, c.120
(C.24:10-73.10) shall be entitled to manufacture, sell, or distribute frozen
desserts containing alcoholic beverages in an amount of not more than five
percent of alcohol by volume.

���� c.���� A frozen dessert
containing more than one-half of one percent and not more than five percent of
alcohol by volume manufactured, sold, or distributed pursuant to this section
shall:

���� (1)�� be sold in a sealed
package received from the manufacturer or distributor; and�

���� (2)�� display on the package
the following statements:

���� (a)�� �The sale of this
product to persons under the legal age to purchase alcoholic beverages is
unlawful.�;

���� (b)�� �This product is made
with alcoholic beverages and contains up to five percent of alcohol by
volume.�;

���� (c)�� �According to the
Surgeon General, women should not drink alcoholic beverages during pregnancy
because of the risk of birth defects.�; and

���� (d)�� �Consumption of
alcoholic beverages impairs your ability to drive a car or operate machinery,
and may cause health problems.�

���� d.��� It shall be a disorderly
persons offense to sell a frozen dessert containing more than one-half of one
percent of alcohol to a person under the legal age to purchase alcoholic
beverages.

����� 1
2.� a.� A frozen
dessert containing more than one-half of one percent and not more than five
percent of alcohol by volume manufactured, sold, or distributed pursuant to section
1 of P.L.�� , c.�� (C.��� ) (pending before the Legislature as this bill) shall
not be packaged, branded, or marketed using any statement, illustration, or
image that:

����
(1)�� includes false,
deceptive, or misleading statements;

����
(2)�� promotes
over-consumption;

����
(3)�� depicts a child or
other person under the legal age consuming alcoholic beverages; or

����
(4)�� � includes objects,
such as toys, characters, or cartoon characters that suggest the presence of a
person under the legal age to purchase frozen alcoholic beverage items, or any
other depiction designed in any manner to be especially appealing to persons
under the legal age to purchase frozen alcoholic beverage items;

����
b.� A violation of this
section shall be a disorderly persons offense.
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����
1
3.�
a.� A frozen dessert containing more than one-half of one percent and not more
than five percent of alcohol by volume manufactured, sold, or distributed
pursuant to section 1 of P.L.�� , c.�� (C.��� ) (pending before the Legislature
as this bill) may be stored or displayed in a place accessible to customers and
may be accessed without the assistance of an employee of the establishment only
if:

(1) the
establishment segregates the storage or display of frozen desserts
manufactured, sold, or distributed pursuant to section 1 of P.L.�� , c.��
(C.��� ) (pending before the Legislature as this bill) from other non-alcoholic
frozen desserts and other foodstuffs, and posts conspicuous notice at the
place of storage or display indicating to customers that the frozen desserts
containing alcohol may only be purchased by a person 21 years of age or older;

(2) the
establishment actively monitors the place of storage or display; and

(3) an
employee of the establishment confirms at the point of sale that:

����
(a) the customer is 21
years of age or older; and

����
(b) the customer understands
the frozen dessert contains alcohol.�

����
b.� A violation of this
section shall be a disorderly persons offense.
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2.
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4.
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� This
act shall take effect immediately.