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Assembly Bill A5242

2009-2010 Legislative Session

Requires all poisonous plants to be sold with an identification tag or label

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Archive: Last Bill Status - In Assembly Committee

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2009-A5242 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง168-a, Ag & Mkts L

2009-A5242 (ACTIVE) - Summary

Requires all poisonous plants to be sold with an identification tag.

2009-A5242 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5242

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. COLTON, ENGLEBRIGHT, CASTRO, KOLB -- Multi-Spon-
  sored by -- M. of A.  HIKIND, JACOBS, MENG,  SCHIMEL,  STIRPE,  TOWNS,
  WEISENBERG -- read once and referred to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to requir-
  ing all poisonous plants to be sold  with  an  identification  tag  or
  label

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 168-a to read as follows:
  S  168-A. SALE OF POISONOUS PLANTS. 1. THE NURSERY DEALER SHALL ATTACH
AN IDENTIFICATION TAG OR LABEL TO A CONSPICUOUS AREA OF EVERY  POISONOUS
INDOOR  PLANT  SOLD  OR SHIPPED WITHIN THIS STATE SPECIFYING THE NAME OF
THE VARIETY OF THE PLANT OR VINES CONTAINED THEREIN, AND ANY KNOWN  SIDE
EFFECTS TO HUMANS AND/OR ANIMALS THROUGH POTENTIAL CONTACT AND/OR INGES-
TION OF SUCH PLANT. ALL POISONOUS INDOOR PLANTS INTENDED TO BE SOLD BY A
NURSERY DEALER MUST BE PLACED IN A DESIGNATED AREA OF THE NURSERY WITH A
SIGN STATING THAT SUCH PLANTS ARE POISONOUS.
  2.  FOR  EACH  PLANT  FOUND  IN  VIOLATION  OF SUBDIVISION ONE OF THIS
SECTION, THE NURSERY DEALER SHALL BE ASSESSED A  CIVIL  PENALTY  OF  NOT
MORE THAN ONE HUNDRED DOLLARS.
  3.  THE  DEPARTMENT  SHALL  DISTRIBUTE A CURRENT LIST OF ALL POISONOUS
INDOOR PLANTS WITH A LIST OF ALL KNOWN SIDE  EFFECTS  IN  THE  EVENT  OF
POTENTIAL  CONTACT AND/OR INGESTION AND A GRAPHIC DEPICTION OF THE PLANT
TO ALL REGISTERED NURSERIES IN THIS STATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08575-01-9

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