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Assembly Bill A544B

2009-2010 Legislative Session

Restricts retail sale of ipecac syrup to behind the pharmacy counter or under manager control

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A544 - Details

See Senate Version of this Bill:
S5591
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A372, S3102

2009-A544 - Summary

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

2009-A544 - Bill Text download pdf 

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

                                   544

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. HOYT, BURLING -- Multi-Sponsored by -- M. of A.
  GALEF, HIKIND, WEISENBERG -- read once and referred to  the  Committee
  on Health

AN  ACT to amend the education law, in relation to restricting access to
  ipecac syrup

  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 IPECAC. ANY RETAIL
ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE  ONLY
ACTIVE  INGREDIENT  IPECAC,  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.
A                                                          LBD02856-01-9

co-Sponsors

multi-Sponsors

2009-A544A - Details

See Senate Version of this Bill:
S5591
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A372, S3102

2009-A544A - Summary

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

2009-A544A - Sponsor Memo

2009-A544A - Bill Text download pdf 

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

                                 544--A
                                                         Cal. No. 42

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. HOYT, BURLING -- Multi-Sponsored by -- M. of A.
  GALEF, HIKIND, WEISENBERG -- read once and referred to  the  Committee
  on  Health -- passed by Assembly and delivered to the Senate, recalled
  from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
  retaining its place on the order of third reading

AN  ACT  to  amend  the general business law, in relation to restricting
  access to ipecac syrup

  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
391-q to read as follows:
  S  391-Q.  RESTRICTED  ACCESS TO RETAIL SALE OF IPECAC.  1. ANY RETAIL
ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE  ONLY
ACTIVE  INGREDIENT  IPECAC,  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.
  2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS  EVERY  VENDOR
THAT  IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING IPECAC
AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING PHARMACIES,  GROCERY  STORES,
BIG BOX STORES AND CHAIN STORES.
  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.

co-Sponsors

multi-Sponsors

2009-A544B (ACTIVE) - Details

See Senate Version of this Bill:
S5591
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A372, S3102

2009-A544B (ACTIVE) - Summary

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

2009-A544B (ACTIVE) - Sponsor Memo

2009-A544B (ACTIVE) - Bill Text download pdf 

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

                                 544--B
                                                         Cal. No. 42

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. HOYT, BURLING -- Multi-Sponsored by -- M. of A.
  GALEF, HIKIND, WEISENBERG -- read once and referred to  the  Committee
  on  Health -- passed by Assembly and delivered to the Senate, recalled
  from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third reading

AN  ACT  to  amend  the general business law, in relation to restricting
  access to ipecac syrup

  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
391-q to read as follows:
  S  391-Q.  RESTRICTED  ACCESS TO RETAIL SALE OF IPECAC.  1. ANY RETAIL
ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE  ONLY
ACTIVE  INGREDIENT  IPECAC,  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.
  2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS  EVERY  VENDOR
THAT  IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING IPECAC
AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO,  PHARMA-
CIES, GROCERY STORES, AND OTHER RETAIL STORES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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