Assembly Bill A6757

2015-2016 Legislative Session

Prohibits the sale of mercury fever thermometers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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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2015-A6757 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
General Business Law
Laws Affected:
Add ยง395-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3272
2011-2012: A3873
2013-2014: A6405

2015-A6757 (ACTIVE) - Summary

Prohibits the sale of mercury fever thermometers without a prescription from a health care practitioner or veterinarian; provides a violation of such provisions shall be subject to a civil fine of not more than $500.

2015-A6757 (ACTIVE) - Bill Text download pdf 

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

                                  6757

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON -- Multi-Sponsored
  by  --  M.  of  A. GALEF -- read once and referred to the Committee on
  Environmental Conservation

AN ACT to amend the general business law, in relation to prohibiting the
  sale and distribution of mercury fever thermometers

  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
395-c to read as follows:
  S  395-C. SALE OR DISTRIBUTION OF MERCURY THERMOMETERS; PROHIBITED. 1.
FOR THE PURPOSES OF THIS SECTION, "MERCURY FEVER THERMOMETER" SHALL MEAN
ANY THERMOMETER USED TO MEASURE HUMAN OR ANIMAL BODY TEMPERATURE,  WHICH
CONTAINS  MERCURY  OR A MERCURY COMPOUND. SUCH TERM SHALL NOT INCLUDE AN
ELECTRONIC THERMOMETER WITH A BATTERY CONTAINING MERCURY.
  2. NO PERSON SHALL SELL, OFFER TO SELL OR EXPOSE FOR SALE ANY  MERCURY
FEVER THERMOMETER.
  3.  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
TO THE SALE OR PROVISION OF A MERCURY FEVER  THERMOMETER  IN  ACCORDANCE
WITH A PRESCRIPTION BY:
  (A)  A  HEALTH  CARE  PRACTITIONER  LICENSED OR REGISTERED PURSUANT TO
TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE LAWFUL SCOPE OF  HIS
OR  HER  PRACTICE,  PURSUANT TO THE RULES AND REGULATIONS OF THE COMMIS-
SIONER OF HEALTH; OR
  (B) A VETERINARIAN PURSUANT  TO  THE  RULES  AND  REGULATIONS  OF  THE
COMMISSIONER OF AGRICULTURE AND MARKETS.
  4.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION SHALL BE SUBJECT TO A  CIVIL  PENALTY  OF  NOT  MORE  THAN  FIVE
HUNDRED DOLLARS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law, provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are authorized and directed to be promulgated on or before such date.

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

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