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New York State Liquor Authority: Confectioneries Containing Alcohol

A confectionery is not considered an alcoholic beverage if the alcohol content is no more than five percent (5%) by volume. The Authority considers “confectionery” to mean any desserts and/or snack foods that are sweet in nature or primarily sugar, such as cakes, cookies, pastries, candy, sweets, chocolate, chewing gum and glazed fruit. If the confectionery has an alcohol content of more than five percent (5%) by volume, it is no longer subject to the exemption and is considered an “alcoholic beverage.” Even though it is not designated as an alcoholic beverage, a confectionery that has an alcohol content of at least one-half of one percent (0.5%) by volume but no more than five
percent (5%) by volume is subject to the following restrictions:

a) cannot be sold to any person under the age of twenty-one;
b) must include a statement that the sale of the product to individuals under twentyone years of age is prohibited;
c) must include a statement indicating that the product contains alcohol up to five
percent (5%) by volume;
d) must include the following statement on the label: “Notice: This product contains
alcohol used as a flavoring and, as with any product that contains alcohol: (i)
women should not consume alcohol during pregnancy because of the risk of birth
defects, and (ii) consumption of alcohol impairs your ability to drive a car or operate
machinery, and may cause health problems; and
e) must be sold, either alone or with other confectionery containing less than one-half
of one percent (0.5%) alcohol by volume, in quantities of at least one-half pound
or in a package or container containing at least twenty-four (24) pieces.

This blog post is not intended to consist of legal advice and you should always consult with a lawyer before acting on anything you find on the Internet.  If you have questions or comments about this post, about the topic, or if you need legal assistance, you should feel free to give us a call or send us an email.  Let us know how a New York City liquor license lawyer can assist you.

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