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Assembly Bill A9601A

2011-2012 Legislative Session

Restricts retail sale of dextromethorphan, commonly known as DXM, to behind the pharmacy counter or under retail establishment control

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A9601 - Details

See Senate Version of this Bill:
S6085
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S696

2011-A9601 - Summary

Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to limit direct access to such products in a manner designed to prevent the misuse or abuse of such products; provides that persons eighteen or younger are prohibited from purchasing; requires establishments to maintain a written or electronic log of information pertaining to the sale of such products.

2011-A9601 - Bill Text download pdf 

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

                                  9601

                          I N  A S S E M B L Y

                             March 20, 2012
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on Higher Education

AN  ACT to amend the education law, in relation to restricting access to
  dextromethorphan, commonly known as "dxm"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6811-c
to read as follows:
  S  6811-C.    RESTRICTED  ACCESS  TO  RETAIL SALE OF DEXTROMETHORPHAN,
COMMONLY KNOWN AS "DXM". 1.  ANY RETAIL ESTABLISHMENT OFFERING FOR  SALE
ANY PRODUCT OR PRODUCTS CONTAINING AS THE ONLY ACTIVE INGREDIENT DEXTRO-
METHORPHAN,  SHALL  PLACE SUCH PRODUCT IN A LOCATION SUCH THAT CUSTOMERS
DO NOT HAVE DIRECT ACCESS TO  THE  PRODUCT  BEFORE  THE  SALE  IS  MADE,
INCLUDING BUT NOT LIMITED TO BEHIND-THE-COUNTER PLACEMENT.
  2.  THE  SELLER SHALL DELIVER THE PRODUCT DIRECTLY INTO THE CUSTODY OF
THE PURCHASER UPON SHOWING STATE OR FEDERAL IDENTIFICATION.
  3. THE SELLER SHALL MAINTAIN, IN ACCORDANCE WITH  CRITERIA  ISSUED  BY
THE  COMMISSIONER, A WRITTEN OR ELECTRONIC LIST OF SUCH SALES THAT IDEN-
TIFIES THE PRODUCT PURCHASED, THE QUANTITY SOLD, THE NAMES AND ADDRESSES
OF PURCHASERS, AND THE DATES AND TIMES OF THE SALE.
  S 2. This act shall take effect immediately; provided,  however,  that
the  rules and regulations necessary to implement the provisions of this
act shall be promulgated and take effect on or before  the  one  hundred
eightieth 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.
                                                           LBD05561-02-1

co-Sponsors

multi-Sponsors

2011-A9601A (ACTIVE) - Details

See Senate Version of this Bill:
S6085
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S696

2011-A9601A (ACTIVE) - Summary

Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to limit direct access to such products in a manner designed to prevent the misuse or abuse of such products; provides that persons eighteen or younger are prohibited from purchasing; requires establishments to maintain a written or electronic log of information pertaining to the sale of such products.

2011-A9601A (ACTIVE) - Bill Text download pdf 

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

                                 9601--A

                          I N  A S S E M B L Y

                             March 20, 2012
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on  Higher  Education  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to restricting access  to
  dextromethorphan, commonly known as "dxm"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6811-c
to read as follows:
  S 6811-C.   RESTRICTED ACCESS  TO  RETAIL  SALE  OF  DEXTROMETHORPHAN,
COMMONLY  KNOWN AS "DXM". 1.  ANY RETAIL ESTABLISHMENT OFFERING FOR SALE
ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR-
PHAN, SHALL PLACE SUCH PRODUCT IN A LOCATION SUCH THAT CUSTOMERS DO  NOT
HAVE DIRECT ACCESS TO THE PRODUCT BEFORE THE SALE IS MADE, INCLUDING BUT
NOT LIMITED TO BEHIND-THE-COUNTER PLACEMENT.
  2.    ANY  PERSON EIGHTEEN YEARS OF AGE OR YOUNGER SHALL BE PROHIBITED
FROM PURCHASING PRODUCTS CONTAINING DEXTROMETHORPHAN,  WHERE  IT  IS  AN
ACTIVE INGREDIENT IN THE PRODUCT.
  3.  THE  SELLER SHALL DELIVER THE PRODUCT DIRECTLY INTO THE CUSTODY OF
THE PURCHASER UPON SHOWING STATE OR FEDERAL IDENTIFICATION.
  4. THE SELLER SHALL MAINTAIN, IN ACCORDANCE WITH  CRITERIA  ISSUED  BY
THE  COMMISSIONER, A WRITTEN OR ELECTRONIC LIST OF SUCH SALES THAT IDEN-
TIFIES THE PRODUCT PURCHASED, THE QUANTITY SOLD, THE NAMES AND ADDRESSES
OF PURCHASERS, AND THE DATES AND TIMES OF THE SALE.
  S 2. This act shall take effect immediately; provided,  however,  that
the  rules and regulations necessary to implement the provisions of this
act shall be promulgated and take effect on or before  the  one  hundred
eightieth 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.
                                                           LBD05561-13-2

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