(a) not be sold to individuals under twenty-one years of age;

(b) bear a statement on the label that sale of the product to individuals under twenty-one years of age is prohibited;

(c) bear a statement on the label that the product contains alcohol up to five percent by volume;

(d) bear the following statement: "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) be sold, either alone or in conjunction with other confectionery containing no alcohol or less than one-half of one per centum by volume of alcohol derived solely from the use of flavoring extracts, in quantities of at least one-half pound or in a package or container containing at least twenty-four pieces. If the confectionery is sold in bulk to be packaged by the retailer at the time of sale to a consumer, the statements required by paragraphs (b) and (c) of this subdivision shall appear on the box, bag or other container in which the confectionery is placed by the retailer and furnished to the consumer and the statement required by paragraph (d) of this subdivision shall appear either on the box, bag or other container in which the confectionery is placed by the retailer and furnished to the consumer or shall appear on a card enclosed within such box, bag or other container. In addition, the manufacturer and/or distributor of such confectionery in bulk shall provide written notice to the retailer with each shipment (i) that the confectionery in the shipment may not be sold to individuals under twenty-one years of age; and (ii) that the packaging in which such confectionery is furnished to the consumer must bear the statements required by paragraphs (b) and (c) of this subdivision; and (iii) that the statement required by paragraph (d) of this subdivision must appear on the packaging in which such confectionery is furnished to the consumer or on a card enclosed within such packaging; and (iv) that the confectionery must be sold in quantities of at least one-half pound or twenty-four pieces. 14. If it is ice cream or other frozen desserts made with wine, beer or cider bearing or containing more than five percent of alcohol by volume. 15. With respect to the manufacture and sale of ice cream or other frozen desserts made with wine, beer or cider bearing or containing more than one-half of one percent, but not more than five percent of alcohol by volume:

(a) No person shall sell at retail packages of ice cream or other frozen desserts made with wine, beer or cider for consumption off the premises where sold unless:

(i) each package is a sealed package, as received from the manufacturer or distributor;

(ii) each sealed package, as received from the manufacturer or distributor, in a format to be established or approved by the commissioner, prominently bears the following statements, provided that such statements may refer to either wine, beer or cider or a combination thereof:

(A) The sale of this product to individuals under the age of twenty-one years is prohibited.

(B) This product is made with (insert wine, beer and/or cider) and contains alcohol up to five percent by volume.

(C) Notice. This product contains alcohol used as a flavoring and, as with any product that contains alcohol:

(1) women should not consume alcohol during pregnancy because of the risk of birth defects, and

(2) consumption of alcohol impairs your ability to drive a car or operate machinery, and may cause health problems.

(iii) the following advisory, on a sign or poster not less than seven inches by five inches, in a format to be established or approved by the commissioner, is displayed prominently at each location where packages of ice cream or other frozen desserts made with wine, beer or cider are made available to the public provided that such sign or poster may refer to either wine, beer or cider or a combination thereof: "THIS AREA CONTAINS (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS The sale of (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS to individuals under the age of twenty-one years is prohibited.

(1) women should not consume alcohol during pregnancy because of the risk of birth defects, and

(2) consumption of alcohol impairs your ability to drive a car or operate machinery, and may cause health problems. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS."

(b) No manufacturer and/or distributor of ice cream or other frozen desserts made with wine, beer or cider shall sell such product:

(i) to a person intending to sell at retail individual servings of ice cream or other frozen desserts made with wine, beer or cider, unless, with each shipment, such manufacturer and/or distributor provides:

(A) a written notice that individual servings of ice cream or other frozen desserts made with wine, beer or cider may be sold at retail only where the retailer complies with all of the requirements set forth in paragraph (a) of this subdivision, and

(B) a written copy of such requirements; and

(ii) to a person intending to sell at retail packages of ice cream or other frozen desserts made with wine, beer or cider for consumption off the premises, unless, with each shipment, such manufacturer and/or distributor provides:

(A) a written notice that packages of ice cream or other frozen desserts made with wine, beer or cider may be sold at retail only where the retailer complies with all of the requirements set forth in paragraph (a) of this subdivision, and

(B) a written copy of such requirements.