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

S4130

SENATE, No. 4130

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As introduced.

��

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.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill allows frozen
desserts that contain, as an ingredient, distilled alcoholic beverages, beer,
wine, cider, or mead in an amount of not more than five percent of alcohol by
volume to be manufactured, sold, and distributed in the State without a liquor
license.� Under current law, �frozen desserts� are defined as ice cream, frozen
custard, French ice cream, French custard ice cream, sherbet, fruit sherbet,
ice milk, ice, water ice, quiescently frozen confection, quiescently frozen
dairy confection, whipped cream confection, bisque tortoni, artificially
sweetened ice cream, artificially sweetened ice milk, special frozen dietary foods,
or mellorine frozen desserts.

���� Under the bill, a frozen
dessert containing more than one-half of one percent and not more than five
percent of alcohol by volume is to be sold in a sealed package received from
the manufacturer or distributor.� The bill requires the packaging to display
certain warning statements consistent with current law governing the sale of alcoholic
beverages.� The sale of a frozen dessert containing alcohol to a person under
21 years of age would be a disorderly persons offense, which is punishable by
a term of imprisonment of up to six months, a fine of up
to $1,000, or both.