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Assembly Bill A9052

2015-2016 Legislative Session

Relates to the retail sale of dextromethorphan

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Archive: Last Bill Status - In Assembly Committee

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2015-A9052 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd ยง391-s, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A263

2015-A9052 (ACTIVE) - Summary

Relates to the retail sale of dextromethorphan.

2015-A9052 (ACTIVE) - Bill Text download pdf 

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

                                  9052

                          I N  A S S E M B L Y

                            January 20, 2016
                               ___________

Introduced  by M. of A. JAFFEE, GUNTHER -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the retail sale
  of dextromethorphan

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

  Section  1.  Section  391-s  of  the general business law, as added by
chapter 357 of the laws of 2013, is amended to read as follows:
  S 391-s. Restricted access to retail sale of dextromethorphan, common-
ly known as "dxm". 1. [No retail establishment  offering  for  sale  any
product or products containing as an active ingredient dextromethorphan,
shall permit the sale of such products to persons under the age of eigh-
teen  without  a valid prescription. Retail establishments shall require
proof of legal age for purchase of such  products.  Such  identification
need  not  be required of any individual who reasonably appears to be at
least twenty-five years of age, provided, however, that such  appearance
shall  not  constitute  a defense in any proceeding alleging the sale of
any product or products containing as an active ingredient dextromethor-
phan to an individual under eighteen years of age. Any retail establish-
ment which violates the provisions of this section shall be subject to a
fine of two hundred fifty dollars for each such violation.
  2.] As used in this section "retail establishment" means every  vendor
that in the regular course of business sells products containing dextro-
methorphan  at  retail directly to the public including, but not limited
to, pharmacies, grocery stores, and other retail stores.
  2. NO RETAIL ESTABLISHMENT OFFERING FOR SALE ANY PRODUCT  OR  PRODUCTS
CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHORPHAN, SHALL:
  (A) PERMIT THE SALE OF SUCH PRODUCTS TO PERSONS UNDER THE AGE OF EIGH-
TEEN WITHOUT A VALID PRESCRIPTION; AND
  (B)  PLACE  SUCH PRODUCT IN A LOCATION SUCH THAT CUSTOMERS HAVE DIRECT
ACCESS TO THE PRODUCT BEFORE THE SALE IS MADE.
  3. RETAIL ESTABLISHMENTS SHALL REQUIRE PROOF OF LEGAL AGE FOR PURCHASE
OF SUCH PRODUCTS. SUCH IDENTIFICATION NEED NOT BE REQUIRED OF ANY  INDI-
VIDUAL  WHO  REASONABLY APPEARS TO BE AT LEAST TWENTY-FIVE YEARS OF AGE,

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

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