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Assembly Bill A263A

2017-2018 Legislative Session

Relates to the retail sale of dextromethorphan

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A263 - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §391-s, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
A9052

2017-A263 - Summary

Ensures that consumers do not have direct access to any product or products containing the active ingredient dextromethorphan prior to sale.

2017-A263 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    263
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 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:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A263A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §391-s, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
A9052

2017-A263A (ACTIVE) - Summary

Ensures that consumers do not have direct access to any product or products containing the active ingredient dextromethorphan prior to sale.

2017-A263A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  263--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of A. JAFFEE, GUNTHER, WILLIAMS, RIVERA, BICHOTTE --
   Multi-Sponsored by -- M. of A. HYNDMAN -- read once  and  referred  to
   the   Committee  on  Consumer  Affairs  and  Protection  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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:
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00578-02-7

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