A 5013 — Allows sale of ice cream and other frozen desserts infused with certain alcoholic beverages.

A5013 1R [First Reprint] ASSEMBLY, No.

Assemblyman  ROY FREIMAN District 16 (Hunterdon, Mercer, Middlesex and Somerset) Assemblywoman  HEATHER SIMMONS District 3 (Cumberland, Gloucester and Salem)    Co-Sponsored  by:   SYNOPSIS      Allows sale of ice cream and other frozen desserts infused with certain alcoholic beverages.

Assemblywoman Kane   CURRENT  VERSION  OF  TEXTSYNOPSIS      AsAllows introduced.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.

            2.   12.  Thisa.  actA 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 of P.L.   , c.   (C.    ) (pending before the Legislature as this bill) shall takenot effectbe immediately.packaged, branded, or marketed using any statement, illustration, or image that:

    STATEMENT        This(1)   billincludes allowsfalse, frozendeceptive, desserts that contain, as an ingredient, distilled alcoholic beverages, beer, wine, cider, or meadmisleading instatements; 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(2)   thepromotes bill,over-consumption; 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 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.

     (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.1        13.  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.1        1[2.] 4.1  This act shall take effect immediately.