senate Bill S3102

Signed By Governor
2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A372 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2011 signed chap.127
Jul 08, 2011 delivered to governor
Jun 06, 2011 returned to assembly
passed senate
3rd reading cal.829
substituted for s3102
Jun 06, 2011 substituted by a372
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.829
May 10, 2011 reported and committed to health
Feb 08, 2011 referred to consumer protection

Votes

view votes

May 24, 2011 - Health committee Vote

S3102
15
0
committee
15
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

May 10, 2011 - Consumer Protection committee Vote

S3102
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 10, 2011

aye wr (1)

S3102 - Details

See Assembly Version of this Bill:
A372
Law Section:
General Business Law
Laws Affected:
Add ยง391-r, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S5591B, A544B

S3102 - 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.

S3102 - Sponsor Memo

S3102 - Bill Text download pdf

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

                                  3102

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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-r to read as follows:
  S 391-R. 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.
  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.
                                                           LBD01091-01-1

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