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Assembly Bill A8276

2009-2010 Legislative Session

Restricts retail sale of dextromethorphan, commonly known as DXM, to behind the pharmacy counter or under manager control

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A8276 - Details

Current Committee:
Assembly Higher Education
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A1642

2009-A8276 - Summary

Directs any retail establishment that sells any product or products containing as the only active ingredient dextromethorphan, shall limit access to persons eighteen years of age or younger to such products in a manner designed to prevent the misuse or abuse of such products.

2009-A8276 - Bill Text download pdf 

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

                                  8276

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2009
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  ZEBROWSKI,  KOON, TOWNSEND, FIELDS,
  CASTRO, GUNTHER,  GALEF,  BURLING,  ESPAILLAT,  BARRON,  McDONOUGH  --
  Multi-Sponsored  by  --  M.  of  A.    CALHOUN,  CAMARA, COOK, CROUCH,
  DelMONTE, MARKEY, NOLAN, PHEFFER, SAYWARD,  SKARTADOS,  WEISENBERG  --
  read once and referred to the Committee on Higher Education

AN  ACT to amend the education law, in relation to restricting access to
  dextromethorphan, commonly known as "dxm"

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

  Section 1. The education law is amended by adding a new section 6811-c
to read as follows:
  S  6811-C.    RESTRICTED  ACCESS  TO  RETAIL SALE OF DEXTROMETHORPHAN,
COMMONLY KNOWN AS "DXM".  ANY RETAIL ESTABLISHMENT THAT SELLS ANY  PROD-
UCT  OR  PRODUCTS CONTAINING AS THE ONLY ACTIVE INGREDIENT DEXTROMETHOR-
PHAN, SHALL LIMIT ACCESS TO  SUCH  PRODUCTS  IN  A  MANNER  DESIGNED  TO
PREVENT  THE  MISUSE  OR  ABUSE OF SUCH PRODUCTS. SUCH LIMITATIONS SHALL
INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND OTHER LOCATIONS THAT ARE
DIRECTLY ACCESSIBLE BY CUSTOMERS, AND PLACING  SUCH  PRODUCTS  BEHIND  A
PHARMACY  COUNTER SO THAT A CONSUMER MUST REQUEST SUCH PRODUCTS IN ORDER
TO OBTAIN SUCH PRODUCTS FROM AN EMPLOYEE WORKING IN THE PHARMACY. IF THE
RETAIL ESTABLISHMENT WISHES TO SELL SUCH PRODUCTS BUT DOES NOT  MAINTAIN
A  PHARMACY  AT THAT RETAIL LOCATION, SUCH PRODUCTS SHALL BE MADE SECURE
SUCH THAT THEY MAY ONLY BE ACCESSED BY  A  MANAGER,  ASSISTANT  MANAGER,
ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH LOCATION.
  S  2.  This act shall take effect immediately; provided, however, that
the rules and regulations necessary to implement section one of this act
shall be promulgated and take effect on or before the one hundred eight-
ieth day after this act shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10203-01-9

2009-A8276A (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A1642

2009-A8276A (ACTIVE) - Summary

Directs any retail establishment that sells any product or products containing as the only active ingredient dextromethorphan, shall limit access to persons eighteen years of age or younger to such products in a manner designed to prevent the misuse or abuse of such products.

2009-A8276A (ACTIVE) - Sponsor Memo

2009-A8276A (ACTIVE) - Bill Text download pdf 

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

                                 8276--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2009
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  ZEBROWSKI,  KOON, TOWNSEND, FIELDS,
  CASTRO, GUNTHER, GALEF, BURLING, ESPAILLAT, BARRON,  McDONOUGH,  JOHN,
  TOBACCO  --  Multi-Sponsored  by  --  M.  of A. CALHOUN, CAMARA, COOK,
  CROUCH, DelMONTE, JEFFRIES, MAISEL, MARKEY, MAYERSOHN, NOLAN, PHEFFER,
  SAYWARD, SCHIMEL, SKARTADOS, WEISENBERG -- read once and  referred  to
  the  Committee  on  Higher  Education  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the education law, in relation to restricting access to
  dextromethorphan, commonly known as "dxm"

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

  Section 1. The education law is amended by adding a new section 6811-c
to read as follows:
  S  6811-C.    RESTRICTED  ACCESS  TO  RETAIL SALE OF DEXTROMETHORPHAN,
COMMONLY KNOWN AS "DXM".  ANY RETAIL ESTABLISHMENT THAT SELLS ANY  PROD-
UCT  OR  PRODUCTS CONTAINING AS THE ONLY ACTIVE INGREDIENT DEXTROMETHOR-
PHAN, SHALL LIMIT ACCESS TO PERSONS EIGHTEEN YEARS OF AGE OR YOUNGER  TO
SUCH  PRODUCTS  IN  A  MANNER DESIGNED TO PREVENT THE MISUSE OR ABUSE OF
SUCH PRODUCTS.
  S 2. This act shall take effect immediately; provided,  however,  that
the  rules and regulations necessary to implement the provisions of this
act shall be promulgated and take effect on or before  the  one  hundred
eightieth day after this act shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10203-05-9

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