Senate Bill S3102

Signed By Governor
2011-2012 Legislative Session

Restricts retail sale of ipecac syrup to behind the pharmacy counter or under manager control

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A372 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S3102 (ACTIVE) - Details

See Assembly Version of this Bill:
A372
Law Section:
General Business Law
Laws Affected:
Add ยง391-r, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S5591, A544

2011-S3102 (ACTIVE) - Summary

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

2011-S3102 (ACTIVE) - Sponsor Memo

2011-S3102 (ACTIVE) - Bill Text download pdf

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

                                  3102

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- 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  restricting
  access to ipecac syrup

  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. RESTRICTED ACCESS TO RETAIL SALE OF IPECAC.   1.  ANY  RETAIL
ESTABLISHMENT  THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE ONLY
ACTIVE INGREDIENT IPECAC, SHALL LIMIT  ACCESS  TO  SUCH  PRODUCTS  IN  A
MANNER  DESIGNED  TO  PREVENT THE MISUSE OR ABUSE OF SUCH PRODUCTS. SUCH
LIMITATIONS SHALL INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND  OTHER
LOCATIONS  THAT  ARE  DIRECTLY ACCESSIBLE BY CUSTOMERS, AND PLACING SUCH
PRODUCTS BEHIND A PHARMACY COUNTER SO THAT A CONSUMER MUST REQUEST  SUCH
PRODUCTS  IN  ORDER  TO OBTAIN SUCH PRODUCTS FROM AN EMPLOYEE WORKING IN
THE PHARMACY. IF THE RETAIL ESTABLISHMENT WISHES TO SELL  SUCH  PRODUCTS
BUT  DOES NOT MAINTAIN A PHARMACY AT THAT RETAIL LOCATION, SUCH PRODUCTS
SHALL BE MADE SECURE SUCH THAT THEY MAY ONLY BE ACCESSED BY  A  MANAGER,
ASSISTANT MANAGER, ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH
LOCATION.
  2.  AS  USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR
THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING  IPECAC
AT  RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO, PHARMA-
CIES, GROCERY STORES, AND OTHER RETAIL STORES.
  S 2. This act shall take effect immediately; provided,  however,  that
the rules and regulations necessary to implement section one of this act
shall be promulgated and take effect on or before the one hundred eight-
ieth 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.
                                                           LBD01091-01-1


              

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