S T A T E O F N E W Y O R K
________________________________________________________________________
4510
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the general business law, in
relation to prohibiting the sale of powdered pure caffeine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
33-B to read as follows:
ARTICLE 33-B
POWDERED PURE CAFFEINE
SECTION 3398. DEFINITION.
3398-A. SALE PROHIBITED.
3398-B. EXEMPTION.
3398-C. PENALTY.
§ 3398. DEFINITION. FOR THE PURPOSES OF THIS ARTICLE, "POWDERED PURE
CAFFEINE" MEANS ANY CONCENTRATED POWDERED FORM OF THE STIMULANT
CAFFEINE, OR ANY POWDER SUBSTANCE SOLD OR MARKETED AS PURE CAFFEINE.
§ 3398-A. SALE PROHIBITED. NO PERSON, FIRM, CORPORATION, PARTNERSHIP,
ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER
TO SELL OR GIVE AWAY FOR EITHER RETAIL OR PROMOTIONAL PURPOSES, OR
DISTRIBUTE POWDERED PURE CAFFEINE.
§ 3398-B. EXEMPTION. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO
THE MARKETING OR SALE OF PURE POWDERED CAFFEINE IN BULK FORM TO ANY
BUSINESS ENTITY AS PART OF A BUSINESS TRANSACTION.
§ 3398-C. PENALTY. A VIOLATION OF THIS ARTICLE SHALL BE AN OFFENSE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
§ 2. The general business law is amended by adding a new section 390-d
to read as follows:
§ 390-D. POWDERED PURE CAFFEINE; PROHIBITION. 1. FOR THE PURPOSES OF
THIS SECTION, "POWDERED PURE CAFFEINE" MEANS ANY CONCENTRATED POWDERED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08858-01-7
A. 4510 2
FORM OF THE STIMULANT CAFFEINE, OR ANY POWDER SUBSTANCE SOLD OR MARKETED
AS PURE CAFFEINE.
2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER TO SELL OR GIVE AWAY
FOR EITHER RETAIL OR PROMOTIONAL PURPOSES, OR DISTRIBUTE POWDERED PURE
CAFFEINE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL
NOT APPLY TO THE MARKETING OR SALE OF PURE POWDERED CAFFEINE IN BULK
FORM TO A BUSINESS ENTITY AS PART OF A BUSINESS TRANSACTION.
3. A VIOLATION OF THIS SECTION SHALL BE AN OFFENSE PUNISHABLE BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
§ 3. This act shall take effect immediately.