senate Bill S5036A

2011-2012 Legislative Session

Relates to the sale of over-the-counter methamphetamine precursor drugs

download bill text pdf

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Archive: Last Bill Status -


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 30, 2012 recommit, enacting clause stricken
Jan 04, 2012 referred to consumer protection
Jun 09, 2011 print number 5036c
amend and recommit to consumer protection
Jun 07, 2011 print number 5036b
amend and recommit to consumer protection
May 26, 2011 print number 5036a
amend and recommit to consumer protection
May 02, 2011 referred to consumer protection

S5036 - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L

S5036 - Summary

Relates to the sale of over-the-counter methamphetamine precursor drugs.

S5036 - Sponsor Memo

S5036 - Bill Text download pdf

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

                                  5036

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. VALESKY -- 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  the  sale  of
  over-the-counter methamphetamine precursor drugs

  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-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF   THIS  SECTION  "METHAMPHETAMINE  PRECURSOR  DRUG"  SHALL  MEAN  ANY
COMPOUND, MIXTURE, OR PREPARATION CONTAINING EPHEDRINE  OR  PSEUDOEPHED-
RINE AS ITS SOLE ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL IN A SINGLE OVER-THE-COUN-
TER SALE MORE THAN TWO PACKAGES OF ANY METHAMPHETAMINE PRECURSOR DRUG OR
A COMBINATION OF METHAMPHETAMINE PRECURSOR DRUGS OR ANY  COMBINATION  OF
PACKAGES EXCEEDING A TOTAL WEIGHT OF NINE GRAMS, CALCULATED AS THE BASE.
  3.  OVER-THE-COUNTER  SALES  OF  METHAMPHETAMINE  PRECURSOR  DRUGS ARE
LIMITED TO:
  (A) PACKAGES CONTAINING NOT MORE THAN A TOTAL OF 3.6 GRAMS OF  ONE  OR
MORE  METHAMPHEAMINE  PRECURSOR  DRUGS, CALCULATED IN TERMS OF EPHEDRINE
BASE OR PSEUDOEPHEDRINE BASE; OR
  (B) FOR NONLIQUID PRODUCTS INCLUDING GEL CAPSULES,  SALES  IN  BLISTER
PACKS,  WHERE  EACH BLISTER CONTAINS NOT MORE THAN TWO DOSAGE UNITS, OR,
IF THE USE OF BLISTER PACKS IS NOT TECHNICALLY FEASIBLE, SALES  IN  UNIT
DOSE PACKETS OR POUCHES.
  4.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE  METHAMPHETAMINE
PRECURSOR  DRUGS IN AN OVER-THE COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND  A  CHECKOUT  COUNTER  WHERE  THE
PUBLIC  IS  NOT  PERMITTED  AND  ARE OFFERED FOR SALE ONLY BY A LICENSED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11064-03-1

S5036A - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L

S5036A - Summary

Relates to the sale of over-the-counter methamphetamine precursor drugs.

S5036A - Sponsor Memo

S5036A - Bill Text download pdf

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

                                 5036--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation  to  the  sale  of
  over-the-counter methamphetamine precursor drugs

  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-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF   THIS  SECTION  "METHAMPHETAMINE  PRECURSOR  DRUG"  SHALL  MEAN  ANY
COMPOUND, MIXTURE, OR PREPARATION CONTAINING EPHEDRINE  OR  PSEUDOEPHED-
RINE AS ITS SOLE ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL IN A SINGLE OVER-THE-COUN-
TER SALE MORE THAN 3.6 GRAMS PER DAY OR MORE THAN NINE GRAMS PER  THIRTY
DAY  PERIOD  OF EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR SALTS, ISOM-
ERS, OR SALTS OF ISOMERS. THE LIMITS SHALL APPLY TO THE TOTAL AMOUNT  OF
BASE  EPHEDRINE  AND  PSEUDOEPHEDRINE CONTAINED IN THE PRODUCTS, AND NOT
THE OVERALL WEIGHT OF THE PRODUCTS.
  3. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE METHAMPHETAMINE
PRECURSOR DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL  PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE  WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM, CORPORATION,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY,  OR  OTHER  ENTITY
SHALL:
  (A)  ENSURE  THAT  THE  PERSON  MAKING  THE SALE REQUIRES THE BUYER TO
PROVIDE VALID GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION SHOWING  THE
BUYER'S DATE OF BIRTH; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11064-04-1

S5036B - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L

S5036B - Summary

Relates to the sale of over-the-counter methamphetamine precursor drugs.

S5036B - Sponsor Memo

S5036B - Bill Text download pdf

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

                                 5036--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the general business law, in relation to the sale of
  over-the-counter methamphetamine precursor drugs

  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-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF  THIS  SECTION  "METHAMPHETAMINE  PRECURSOR  DRUG"  SHALL  MEAN   ANY
COMPOUND,  MIXTURE,  OR PREPARATION CONTAINING EPHEDRINE OR PSEUDOEPHED-
RINE AS ITS SOLE ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS.
  2. NO PERSON, FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL IN A SINGLE OVER-THE-COUN-
TER  SALE MORE THAN 3.6 GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY
DAY PERIOD OF EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR  SALTS,  ISOM-
ERS,  OR SALTS OF ISOMERS. THE LIMITS SHALL APPLY TO THE TOTAL AMOUNT OF
BASE EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED IN THE  PRODUCTS,  AND  NOT
THE OVERALL WEIGHT OF THE PRODUCTS.
  3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE  METHAMPHETAMINE
PRECURSOR  DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM,  CORPORATION,
PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11064-06-1

S. 5036--B                          2

S5036C (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L

S5036C (ACTIVE) - Summary

Relates to the sale of over-the-counter methamphetamine precursor drugs.

S5036C (ACTIVE) - Sponsor Memo

S5036C (ACTIVE) - Bill Text download pdf

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

                                 5036--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the general business law, in relation to the sale of
  over-the-counter methamphetamine precursor drugs

  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-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF  THIS  SECTION  "METHAMPHETAMINE  PRECURSOR  DRUG"  SHALL  MEAN   ANY
COMPOUND,  MIXTURE,  OR PREPARATION CONTAINING EPHEDRINE OR PSEUDOEPHED-
RINE AS ITS SOLE ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS.
  2. NO PERSON, FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL IN A SINGLE OVER-THE-COUN-
TER  SALE MORE THAN 3.6 GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY
DAY PERIOD OF EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR  SALTS,  ISOM-
ERS,  OR SALTS OF ISOMERS. THE LIMITS SHALL APPLY TO THE TOTAL AMOUNT OF
BASE EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED IN THE  PRODUCTS,  AND  NOT
THE OVERALL WEIGHT OF THE PRODUCTS.
  3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE  METHAMPHETAMINE
PRECURSOR  DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM,  CORPORATION,
PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
SHALL:
  (A) ENSURE THAT THE PERSON MAKING  THE  SALE  REQUIRES  THE  BUYER  TO
PROVIDE  VALID GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION SHOWING THE
BUYER'S DATE OF BIRTH; AND

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