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Senate Bill S6178

2011-2012 Legislative Session

Relates to restricting access to retail sale of compressed air cans

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2011-S6178 (ACTIVE) - Details

See Assembly Version of this Bill:
A8960
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L

2011-S6178 (ACTIVE) - Summary

Restricts access to the retail sale of compressed air cans by requiring retail stores to remove such products from shelves and other locations that are directly accessible by customers, and by placing such products behind a counter so that a consumer must request such products in order to obtain such products from a manager, assistant manager, acting manager or other supervisory personnel working in the retail establishment.

2011-S6178 (ACTIVE) - Sponsor Memo

2011-S6178 (ACTIVE) - Bill Text download pdf 

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

    S. 6178                                                  A. 8960

                      S E N A T E - A S S E M B L Y

                            January 10, 2012
                               ___________

IN SENATE -- Introduced by Sen. JOHNSON -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection

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

AN  ACT  to  amend  the general business law, in relation to restricting
  access to retail sale of compressed air cans

  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.  RESTRICTED ACCESS TO RETAIL SALE OF COMPRESSED AIR CANS. 1.
ANY RETAIL ESTABLISHMENT THAT SELLS ANY COMPRESSED AIR CAN, 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 COUNTER OR  SUCH  OTHER
SECURE  LOCATION, SO THAT A CONSUMER MUST REQUEST SUCH PRODUCTS IN ORDER
TO OBTAIN SUCH PRODUCTS FROM A MANAGER, ASSISTANT MANAGER, ACTING MANAG-
ER OR OTHER SUPERVISORY PERSONNEL WORKING IN THE RETAIL ESTABLISHMENT.
  2. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
ING MEANINGS:
  (A)  "RETAIL  ESTABLISHMENT"  MEANS  EVERY  VENDOR THAT IN THE REGULAR
COURSE OF BUSINESS SELLS COMPRESSED AIR CAN PRODUCTS AT RETAIL  DIRECTLY
TO  THE PUBLIC INCLUDING, BUT NOT LIMITED TO CONVENIENCE STORES, PHARMA-
CIES, GROCERY STORES, AND OTHER RETAIL STORES;
  (B) "COMPRESSED AIR CAN" MEANS ANY CAN OF COMPRESSED AIR INTENDED  FOR
USE  AS A CLEANING DEVICE TO REMOVE DUST AND OTHER DEBRIS FROM ELECTRON-
ICS.
  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.

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