Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 13, 2012 |
print number 8568a |
Feb 13, 2012 |
amend and recommit to economic development |
Jan 04, 2012 |
referred to economic development |
Aug 31, 2011 |
referred to economic development |
Assembly Bill A8568
2011-2012 Legislative Session
Sponsored By
ORTIZ
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
Actions
Bill Amendments
2011-A8568 - Details
2011-A8568 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8568 2011-2012 Regular Sessions I N A S S E M B L Y August 31, 2011 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Economic Development AN ACT to amend the general business law, in relation to prohibiting the sale of salvia divinorum to persons in New York state 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-r to read as follows: S 391-R. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL OR WHOLESALE PROMOTION, SALVIA DIVINORUM, COMMONLY KNOWN AS SALVIA WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION. 2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL MEAN THE HERB FREQUENTLY REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE. 3. NOTHING IN THIS SECTION SHALL APPLY TO NONPRESCRIPTION OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION. 4. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION SALVIA DIVINORUM, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION. 5. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER- SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD, OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06204-02-1
multi-Sponsors
Barbara Clark
2011-A8568A (ACTIVE) - Details
2011-A8568A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8568--A 2011-2012 Regular Sessions I N A S S E M B L Y August 31, 2011 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Economic Development -- recommitted to the Committee on Economic Development in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to prohibiting the sale of salvia divinorum to persons in New York state 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-s to read as follows: S 391-S. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL OR WHOLESALE PROMOTION, SALVIA DIVINORUM, COMMONLY KNOWN AS SALVIA WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION. 2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL MEAN THE HERB FREQUENTLY REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE. 3. NOTHING IN THIS SECTION SHALL APPLY TO NONPRESCRIPTION OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION. 4. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION SALVIA DIVINORUM, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06204-07-2
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