Assembly Bill A4518

2009-2010 Legislative Session

Prohibits the sale of substances for human consumption in capsules; makes certain exceptions

download bill text pdf

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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-A4518 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง1356, Pub Health L

2009-A4518 (ACTIVE) - Summary

Prohibits the sale of substances intended for human ingestion in capsules; makes an exception for prescription drugs; directs the commissioner of health to make regulations, including regulations for emergency exceptions and exceptions where heightened security measures are taken to ensure that the capsules have not been tampered with.

2009-A4518 (ACTIVE) - Bill Text download pdf 

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

                                  4518

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. BRODSKY, PHEFFER -- read once and referred to the
  Committee on Health

AN  ACT  to  amend  the  public  health  law, in relation to the sale of
  certain substances in capsules

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

  Section  1.  The  public health law is amended by adding a new section
1356 to read as follows:
  S  1356.  SALE  OF  CERTAIN  SUBSTANCES  IN  CAPSULES.  NO  SUBSTANCES
CONTAINED  IN  CAPSULES  AND INTENDED FOR HUMAN INGESTION SHALL BE SOLD,
DELIVERED, DISTRIBUTED, OR OTHERWISE  FURNISHED  TO  ANY  PERSON.    THE
PROVISIONS  OF  THIS  SECTION  SHALL  NOT  APPLY  TO  DRUGS  FOR WHICH A
PRESCRIPTION IS REQUIRED BY THE PROVISIONS OF THE FEDERAL FOOD, DRUG AND
COSMETIC ACT OR BY THE COMMISSIONER. THE COMMISSIONER  SHALL  PROMULGATE
SUCH  RULES AND REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PROVISIONS
OF THIS SECTION, INCLUDING PROCEDURES FOR THE MAKING  OF  EXCEPTIONS  TO
THIS  SECTION  WHERE (I) SUCH CAPSULES ARE CONTAINED IN A MANNER THAT IT
WILL BE CLEARLY OBVIOUS TO EITHER THE CONSUMER AT THE TIME OF  SELECTION
OR  TO STORE PERSONNEL AT THE TIME OF CHECK-OUT, BY MEANS OF THE RELEASE
OF MICROENCAPSULATED DYES, THE APPEARANCE OF LATENT IMAGES, THE BREAKING
OF MAGNETIC BANDS, OR  EQUALLY  EFFECTIVE  MEANS,  WHETHER  OR  NOT  THE
CONTAINER  HAS  BEEN OPENED, OR (II) SUCH EXCEPTION IS REASONABLY NECES-
SARY, CONSIDERING THE ECONOMIC AND OTHER CONSEQUENCES OF  THE  BAN,  BUT
CONSIDERING  PUBLIC  HEALTH  AND SAFETY AS THE FIRST PRIORITY, AND WHERE
THE  SALE OR DISTRIBUTION OF SUCH CAPSULES MAY BE MADE ONLY UNDER CONDI-
TIONS OF INCREASED SECURITY, INCLUDING THE  STORAGE  OF  SUCH  ITEMS  IN
SECURE AREAS, AS THE COMMISSIONER MAY ORDER.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law; provided that the rules and regulations
necessary to the implementation of the provisions of this act  shall  be
promulgated  and  that any other measures so necessary shall be taken on
or before such effective date.

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

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