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Senate Bill S6085A

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 Senate Committee Higher Education Committee

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Bill Amendments

2011-S6085 - Details

See Assembly Version of this Bill:
A9601
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S696

2011-S6085 - 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-S6085 - Sponsor Memo

2011-S6085 - Bill Text download pdf

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

                                  6085

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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

2011-S6085A (ACTIVE) - Details

See Assembly Version of this Bill:
A9601
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6811-c, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S696

2011-S6085A (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-S6085A (ACTIVE) - Sponsor Memo

2011-S6085A (ACTIVE) - Bill Text download pdf

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

                                 6085--A

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  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.
                                                           LBD05561-12-2

              

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