New York Public Health Law Section 1352-C - Ice cream or other frozen desserts made with wine.

1352-c. Ice cream or other frozen desserts made with wine. No person shall sell at retail individual servings of ice cream or other frozen desserts made with wine 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 wine ice cream or other frozen desserts being offered:

1. The sale of wine ice cream or other frozen desserts to individuals under the age of twenty-one is prohibited.

2. Wine ice cream or other frozen desserts contain alcohol up to five percent by volume.

3. Notice: Wine 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.


Last modified: February 3, 2019