New Yorkers can already purchase ice cream made with wine, beer and hard cider. Next on the menu could be ice cream and frozen desserts made with liquor.

Assemblywoman Donna Lupardo recently introduced A.8732 to allow the manufacture and sale of new brands of alcohol-infused treats. Companion legislation has not yet been introduced in the state Senate.

Legislation took effect in July 2018 allowing for the sale of beer and hard cider ice cream similar to a measure approved in 2008 regulating the sale of wine ice cream in New York state. As with wine ice cream, the legislation sponsored by Senator Seward and Assemblyman Magee limits the percentage of alcohol in beer and hard cider ice cream to no more than 5% of alcohol by volume, prohibits its sale to persons under twenty-one years of age, and requires a label that the product contains alcohol.

Lupardo’s legislation is similar to the beer, hard cider and wine legislation in that it would require alcohol contents be limited to between 0.5% and 5%, that the items could only be sold to those over the age of 21 and that alcohol warning labels or signs be placed on the packages or at the point of sale. State Public Health Law would require alcohol warning signs at establishments where the ice cream is sold.

“As with wine, beer and cider this bill would, limit the percentage of alcohol in ice cream to not more than 5% of alcohol by volume, prohibit its sale to persons under 21 years of age and require the same product labeling and warning statements similar to wine and confectionary that contains alcohol,” Lupardo wrote in her legislative justification. “This legislation will help New York dairy farmers, liquor and craft beverage producers, dairy processors and manufacturers, and food retailers and restaurants meet the increasing consumer demand for these new and innovative products.”

Some such products are already being sold nationally. USA Today reported earlier this year that Haagen-Dazs introduced seven alcohol-infused flavors earlier this year while some areas where such desserts can be sold have seen the rise of specialty ice cream shops focusing on booze-flavored ice cream.