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Assembly Bill A7731

2011-2012 Legislative Session

Prohibits sale or distribution of any product containing MDPV or certain related compounds; establishes a defense of lack of knowledge of the content of such product

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Archive: Last Bill Status - In Assembly Committee

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2011-A7731 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง391-r, Gen Bus L

2011-A7731 (ACTIVE) - Summary

Prohibits sale or distribution of any product containing MDPV; defines the chemical compounds which constitute MDPV; imposes a civil penalty of not more than $1,000 for a violation thereof; creates defenses based on over the counter drugs approved by the federal food and drug administration or lack of knowledge that the product contained MDPV.

2011-A7731 (ACTIVE) - Bill Text download pdf 

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

                                  7731

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation to prohibiting the
  sale or distribution of MDPV and certain similar products

  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 MDPV. 1. FOR THE PURPOSES OF THIS
SECTION, "MDPV" SHALL INCLUDE ANY OF THE FOLLOWING CHEMICAL COMPOUNDS:
  (A) 3,4-METHYLENEDIOXYMETHCATHINONE (METHYLONE);
  (B) 3,4-METHYLENEDIOXYPYROVALERONE (MDPV);
  (C) 4-METHYLMETHCATHINONE (MEPHEDRONE);
  (D) 4-METHOXYMETHCATHINONE;
  (E) 4-FLUOROMETHCATHINONE; OR
  (F) 3-FLUOROMETHCATHINONE.
  2. NO PERSON, FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY  OR  OTHER  ENTITY  SHALL SELL, OFFER TO SELL OR GIVE
AWAY, AS EITHER A RETAIL OR  WHOLESALE  PROMOTION,  ANY  PRODUCT,  WHICH
CONTAINS  MDPV,  WHICH MAY ALSO BE REFERRED TO AS METHYLONE, MEPHEDRONE,
OR OTHER NAMES  EXCEPT  AS  AUTHORIZED  BY  SUBDIVISION  THREE  OF  THIS
SECTION.
  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 ANY PRODUCT WHICH CONTAINS MDPV, SHALL BE SUBJECT
TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER  VIOLATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11538-01-1

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