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S T A T E O F N E W Y O R K
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10481
I N S E N A T E
May 15, 2026
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Commerce, Econom-
ic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
preventative safety tools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 65-f to read as follows:
3 § 65-F. PREVENTATIVE SAFETY TOOLS; POSTING THEREOF. 1. FOR THE
4 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
5 MEANINGS:
6 (A) "PREVENTATIVE SAFETY TOOLS" MEANS STRAWS AND OTHER DEVICES,
7 INCLUDING BUT NOT LIMITED TO DRINK COVERS.
8 (B) "CONTROLLED SUBSTANCES" INCLUDES, BUT IS NOT LIMITED TO, FLUNITRA-
9 ZEPAM, KETAMINE, AND GAMMA HYDROXYBUTYRIC ACID, ALSO KNOWN BY OTHER
10 NAMES, INCLUDING GHB, GAMMA HYDROXYBUTYRATE, 4-HYDROXYBUTYRATE, 4-HY-
11 DROXYBUTANOIC ACID, SODIUM OXYBATE, AND SODIUM OXYBUTYRATE.
12 2. AN APPLICANT FOR A LICENSE ISSUED PURSUANT TO THIS ARTICLE OR THE
13 HOLDER OF AN EXISTING LICENSE SHALL OFFER TO THEIR CUSTOMERS PREVENTA-
14 TIVE SAFETY TOOLS, WHILE EXPRESSLY ALLOWING LICENSEES THE OPTION TO SELL
15 THEM, PROVIDE THEM FREE OF CHARGE, OR DISTRIBUTE THEM THROUGH THIRD-PAR-
16 TY OR SPONSORED PROGRAMS.
17 3. A LICENSEE SUBJECT TO SUBDIVISION TWO OF THIS SECTION SHALL POST
18 THE FOLLOWING NOTICE IN A PROMINENT AND CONSPICUOUS LOCATION:
19 "SAFETY FIRST, NEVER LEAVE YOUR DRINK UNATTENDED! DRINK LIDS AVAIL-
20 ABLE HERE. ASK A STAFF MEMBER FOR DETAILS."
21 4. THIS SECTION SHALL NOT PREVENT A LICENSEE FROM OFFERING PREVENTA-
22 TIVE SAFETY TOOLS TO THEIR CUSTOMERS FREE OF CHARGE.
23 5. A LICENSEE SHALL NOT BE HELD LIABLE FOR DEFECTIVE PREVENTATIVE
24 SAFETY TOOLS.
25 6. A LICENSEE SHALL ENSURE THAT ALL PREVENTATIVE SAFETY TOOLS OFFERED
26 TO CUSTOMERS HAVE NOT EXCEEDED THE EXPIRATION DATE OR RECOMMENDED PERIOD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13795-03-6
S. 10481 2
1 OF USE, ACCORDING TO THE PRODUCT LABEL, PRODUCT PACKAGING, OR OTHERWISE
2 RECOMMENDED BY THE MANUFACTURER.
3 7. A VIOLATION OF THIS SECTION IS NOT A CRIME.
4 8. THE AUTHORITY SHALL POST ON ITS INTERNET WEBSITE A LINK TO A PAGE
5 THAT CONTAINS INFORMATION ABOUT THE REQUIREMENTS OF THIS SECTION,
6 INCLUDING, BUT NOT LIMITED TO, THE SIGNAGE THAT IS REQUIRED TO BE POSTED
7 AND THE TYPES OF PREVENTATIVE SAFETY TOOLS THAT ARE REQUIRED TO BE
8 AVAILABLE ON A LICENSED PREMISES.
9 § 2. This act shall take effect on the one hundred twentieth day after
10 it shall have become a law. Effective immediately, the addition, amend-
11 ment and/or repeal of any rule or regulation necessary for the implemen-
12 tation of this act on its effective date are authorized to be made and
13 completed on or before such effective date.