Assembly Bill A3272

2009-2010 Legislative Session

Prohibits the sale of mercury fever thermometers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3272 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
General Business Law
Laws Affected:
Add ยง395-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3873
2013-2014: A6405
2015-2016: A6757

2009-A3272 (ACTIVE) - Summary

Prohibits the sale of mercury fever thermometers without a prescription from a health care practitioner or veterinarian; violation of such provisions shall be subject to a civil fine of not more than $500.

2009-A3272 (ACTIVE) - Bill Text download pdf 

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

                                  3272

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON, EDDINGTON, KOON
  -- Multi-Sponsored by -- M. of A. GALEF, JACOBS, McENENY -- read  once
  and referred to the Committee on Environmental Conservation

AN ACT to amend the general business law, in relation to prohibiting the
  sale and distribution of mercury fever thermometers

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

  Section 1. The general business law is amended by adding a new section
395-c to read as follows:
  S 395-C. SALE OR DISTRIBUTION OF MERCURY THERMOMETERS; PROHIBITED.  1.
FOR THE PURPOSES OF THIS SECTION, "MERCURY FEVER THERMOMETER" SHALL MEAN
ANY  THERMOMETER USED TO MEASURE HUMAN OR ANIMAL BODY TEMPERATURE, WHICH
CONTAINS MERCURY OR A MERCURY COMPOUND. SUCH TERM SHALL NOT  INCLUDE  AN
ELECTRONIC THERMOMETER WITH A BATTERY CONTAINING MERCURY.
  2.  NO PERSON SHALL SELL, OFFER TO SELL OR EXPOSE FOR SALE ANY MERCURY
FEVER THERMOMETER.
  3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL  NOT  APPLY
TO  THE  SALE  OR PROVISION OF A MERCURY FEVER THERMOMETER IN ACCORDANCE
WITH A PRESCRIPTION BY:
  (A) A HEALTH CARE PRACTITIONER  LICENSED  OR  REGISTERED  PURSUANT  TO
TITLE  EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE LAWFUL SCOPE OF HIS
OR HER PRACTICE, PURSUANT TO THE RULES AND REGULATIONS  OF  THE  COMMIS-
SIONER OF HEALTH; OR
  (B)  A  VETERINARIAN  PURSUANT  TO  THE  RULES  AND REGULATIONS OF THE
COMMISSIONER OF AGRICULTURE AND MARKETS.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO  OF  THIS
SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before such date.

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

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