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Senate Bill S5606A

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 Senate Committee Higher Education Committee

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Bill Amendments

2009-S5606 - Details

See Assembly Version of this Bill:
A8276
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A1642

2009-S5606 - 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-S5606 - Sponsor Memo

2009-S5606 - Bill Text download pdf

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

                                  5606

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 21, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed 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


              

co-Sponsors

2009-S5606A (ACTIVE) - Details

See Assembly Version of this Bill:
A8276
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A1642

2009-S5606A (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-S5606A (ACTIVE) - Sponsor Memo

2009-S5606A (ACTIVE) - Bill Text download pdf

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

                                 5606--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 21, 2009
                               ___________

Introduced  by  Sens. OPPENHEIMER, HASSELL-THOMPSON, C. JOHNSON, MORAHAN
  -- read twice and ordered printed, and when printed to be committed 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.
                                                           LBD10203-06-9


              

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