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

2026-2027 Regular Session Introduced by Roy Freiman and 2 co-sponsors

Allows licensed frozen dessert sellers to manufacture and sell frozen desserts containing up to 5% alcohol by volume without a liquor license, with labeling and age-restriction rul

Reported out of Asm. Comm. with Amendments, and Referred to Assembly Commerce and Economic Development Committee

Overview

A 5013, introduced in the New Jersey 222nd Legislature, would allow the manufacturing, sale, and distribution of frozen desserts that contain certain alcoholic beverages (up to 5% alcohol by volume) without requiring a liquor license. The bill sets specific labeling, packaging, and age-restriction requirements, and establishes penalties for selling such products to individuals under 21.

Main purpose and intent

To authorize the production, sale, and distribution of frozen desserts infused with distilled alcohol, beer, wine, cider, or mead, as long as the alcohol content does not exceed 5% ABV.

To permit these products to be sold without a traditional liquor license, subject to regulatory requirements and age-related prohibitions.

Key provisions and changes

Definitions:

“Alcoholic beverage” includes distilled beverages, wine, malt beverages, hard cider, and mead as defined by state statute.
“Frozen dessert” retains the current statutory meaning from New Jersey law.

Manufacturing, sale, and distribution:

A person licensed to sell or distribute frozen desserts under existing law may manufacture, sell, or distribute frozen desserts containing up to 5% ABV.

Alcohol content limits:

Frozen desserts with more than 0.5% and up to 5% ABV may be produced and sold under the new framework.

Packaging and labeling (for 0.5%–5% ABV products):

Sold in a sealed package received from the manufacturer or distributor.
Packages must display:
“The sale of this product to persons under the legal age to purchase alcoholic beverages is unlawful.”
“This product is made with alcoholic beverages and contains up to five percent of alcohol by volume.”
“According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.”
“Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.”

Age restrictions and penalties:

It is a disorderly persons offense to sell a frozen dessert containing more than 0.5% ABV to a person under the legal age (21) to purchase alcoholic beverages.
Penalties for such violations align with other disorderly person offenses (imprisonment up to six months, fines up to $1,000, or both).

Effective date:

The act would take effect immediately upon enactment.

Who and what is affected

Businesses currently licensed to sell or distribute frozen desserts under P.L.1964, c.120 (C.24:10-73.10) may expand into selling frozen desserts with up to 5% ABV without obtaining a separate liquor license.

Consumers: allows access to frozen desserts infused with alcohol (within the 0.5%–5% ABV range) from state-licensed frozen dessert sellers.

Youth protection: reinforces age-based restrictions and labeling requirements to prevent underage sales.

Potential impact considerations

Accessibility of alcoholic frozen desserts may increase, potentially affecting dietary or cultural preferences and requiring businesses to implement compliant packaging and age-verification practices.

The labeling requirements align with existing alcohol sale warnings, reinforcing public health and safety messaging.

Local enforcement will monitor compliance with the 0.5% ABV threshold and age-restriction provisions, with penalties for violations.

Bill