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

                                   657

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and public  health  law,  in  relation  to
  criminal possession and unlawful sale of embalming fluid

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

  Section 1. The penal law is amended by adding a new section 220.78  to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1.  A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING FLUID WHEN
HE OR SHE KNOWINGLY POSSESSES EMBALMING FLUID WITH THE  INTENT:  (A)  TO
USE  SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR INHALATION;
OR (B) TO SELL SUCH EMBALMING FLUID  TO  ANOTHER  PERSON  UNDER  CIRCUM-
STANCES  EVINCING  KNOWLEDGE  THAT  SUCH  OTHER PERSON OR A THIRD PERSON
INTENDS TO USE SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN  INGESTION  OR
INHALATION.
  2. FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICALS
OR  SUBSTANCES MANUFACTURED PRIMARILY FOR USE BY LICENSED FUNERAL DIREC-
TORS, UNDERTAKERS OR EMBALMERS, OR  REGISTERED  RESIDENTS,  TO  PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED  MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S 2. Section 3400 of the public health law is amended by adding a  new
subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.

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

                                                           LBD03275-01-1

S. 657                              2

  S 3. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
health  law is relettered paragraph (g) and a new paragraph (f) is added
to read as follows:
  (F)  BEING  A  FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER, OR REGISTERED
RESIDENT, KNOWINGLY GIVE, SELL, PERMIT TO BE SOLD,  OFFER  FOR  SALE  OR
DISPLAY  FOR  SALE,  OTHER THAN FOR PURPOSES WITHIN THE GENERAL SCOPE OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR REGISTERED RESIDENT, EMBALMING FLUID TO ANOTHER  PERSON  WITH  ACTUAL
KNOWLEDGE  THAT  SUCH  OTHER  PERSON IS NOT A LICENSED FUNERAL DIRECTOR,
UNDERTAKER OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED  TO
PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
THIS  ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS CHAP-
TER; OR
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.