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Assembly Bill A5491B

2011-2012 Legislative Session

Prohibits the sale of salvia divinorum to persons under 18 years of age in New York state

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5491 - Details

Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L

2011-A5491 - Summary

Prohibits the sale of salvia divinorum to persons under 18 years of age in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

2011-A5491 - Bill Text download pdf 

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

                                  5491

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M. of A. P. RIVERA, DenDEKKER, ZEBROWSKI, JAFFEE, RAMOS,
  STEVENSON, WEISENBERG, MAYERSOHN -- Multi-Sponsored by  --  M.  of  A.
  BOYLAND,    BRENNAN,    CYMBROWITZ,   DINOWITZ,   GABRYSZAK,   LIFTON,
  PEOPLES-STOKES, PHEFFER, REILLY, ROBINSON -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06204-02-1

co-Sponsors

multi-Sponsors

2011-A5491A - Details

Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L

2011-A5491A - Summary

Prohibits the sale of salvia divinorum to persons under 18 years of age in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

2011-A5491A - Bill Text download pdf 

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

                                 5491--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M. of A. P. RIVERA, DenDEKKER, ZEBROWSKI, JAFFEE, RAMOS,
  STEVENSON,  WEISENBERG,  MAISEL,  SPANO,  REILLY,  M. MILLER,  TITONE,
  ROBERTS, MARKEY, LINARES, BUTLER, FINCH -- Multi-Sponsored by -- M. of
  A.  BOYLAND,  BRENNAN,  BURLING, CALHOUN, CERETTO, CORWIN, CYMBROWITZ,
  DINOWITZ, GABRYSZAK, GIBSON, GUNTHER, KATZ, LIFTON, McDONOUGH,  McENE-
  NY,  OAKS,  PEOPLES-STOKES,  PERRY, PHEFFER, ROBINSON -- read once and
  referred  to  the  Committee  on  Economic  Development  --  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 under eighteen years of age 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,  TO A PERSON UNDER THE AGE OF EIGHTEEN
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06204-03-1

co-Sponsors

multi-Sponsors

2011-A5491B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L

2011-A5491B (ACTIVE) - Summary

Prohibits the sale of salvia divinorum to persons under 18 years of age in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

2011-A5491B (ACTIVE) - Bill Text download pdf 

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

                                 5491--B
                                                        Cal. No. 184

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M. of A. P. RIVERA, DenDEKKER, ZEBROWSKI, JAFFEE, RAMOS,
  STEVENSON, WEISENBERG, MAISEL,  REILLY,  M. MILLER,  TITONE,  ROBERTS,
  MARKEY,  LINARES, BUTLER, FINCH, HOOPER -- Multi-Sponsored by -- M. of
  A. BOYLAND, BRENNAN, BURLING, CALHOUN,  CERETTO,  CORWIN,  CYMBROWITZ,
  DINOWITZ,  GABRYSZAK, GIBSON, GUNTHER, KATZ, LIFTON, McDONOUGH, McENE-
  NY, OAKS, PEOPLES-STOKES, PERRY, ROBINSON -- read once and referred to
  the Committee on Economic Development --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again amended on third reading,  ordered  reprinted,  retaining
  its place on the order of third reading

AN ACT to amend the general business law, in relation to prohibiting the
  sale of salvia divinorum to persons under eighteen years of age 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,  TO A PERSON UNDER THE AGE OF EIGHTEEN
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

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

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