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Assembly Bill A9119

2015-2016 Legislative Session

Relates to restricting access in retail establishments to certain permanent marking pens

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Archive: Last Bill Status - In Assembly Committee

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2015-A9119 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A753
2019-2020: A1246

2015-A9119 (ACTIVE) - Summary

Restricts access in retail establishments to large or broad tip permanent marking pens; requires proof of age over 18.

2015-A9119 (ACTIVE) - Bill Text download pdf 

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

                                  9119

                          I N  A S S E M B L Y

                            January 28, 2016
                               ___________

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

AN  ACT  to  amend  the general business law, in relation to restricting
  access to certain permanent marking pens

  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-u to read as follows:
  S 391-U. RESTRICTED ACCESS TO RETAIL SALE OF CERTAIN PERMANENT MARKING
PENS.  1.  NO  RETAIL ESTABLISHMENT OFFERING FOR SALE PERMANENT LARGE OR
BROAD TIP MARKING PENS, SHALL  PERMIT  THE  SALE  OF  SUCH  PRODUCTS  TO
PERSONS  UNDER THE AGE OF EIGHTEEN.  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
LARGE OR BROAD TIP PERMANENT MARKING PENS TO AN INDIVIDUAL  UNDER  EIGH-
TEEN   YEARS  OF  AGE.  ANY  RETAIL  ESTABLISHMENT  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 LARGE OR BROAD  TIP  PERMA-
NENT  MARKING  PENS  AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT
LIMITED TO, PHARMACIES, GROCERY STORES, AND OTHER RETAIL STORES.
  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.
                                                           LBD13787-01-6

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