S T A T E O F N E W Y O R K
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10013
I N A S S E M B L Y
May 1, 2012
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Introduced by M. of A. JOHNS -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to including difluo-
roethane in the definition of a "hazardous substance" and requiring
warning labels on products containing difluoroethane
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 3380 of the
public health law, as amended by chapter 234 of the laws of 1985, is
amended to read as follows:
(b) As used in this section "hazardous inhalants" shall mean and
include any of the preparations of compounds containing one or more of
the FOLLOWING chemical compounds[;]: DIFLUOROETHANE, amyl nitrite, isoa-
myl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite or any
other akyl nitrite compound that is either designed to be used, or
commonly used, as an inhalant.
S 2. Section 3380 of the public health law is amended by adding a new
subdivision 4-a to read as follows:
4-A. THE COMMISSIONER MAY, UPON THE APPLICATION OF A MANUFACTURER OR
SELLER OF A PRODUCT CONTAINING DIFLUOROETHANE AND INTENDED FOR SALE AT
RETAIL, AUTHORIZED THE SALE OF SUCH A PRODUCT IF THE MANUFACTURER OR
SELLER TAKES THE FOLLOWING STEPS:
(A) CLEARLY INDICATES THE LEGITIMATE PURPOSE OR USE OF THE PRODUCT ON
THE PACKAGE;
(B) PROMINENTLY DISPLAYS ON THE PACKAGE, IN HEAVY BOLD TYPE PRINT,
LANGUAGE WHICH WARNS OF HEALTH DANGERS RESULTING FROM THE MISUSE OF
DIFLUOROETHANE; AND
(C) EDUCATES WHOLESALE AND RETAIL BUSINESSES WHICH SELL THE PRODUCT OF
THE DANGERS OF DIFLUOROETHANE AND THE NEED TO MONITOR ITS SALE.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.