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Assembly Bill A1246

2019-2020 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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2019-A1246 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9119
2017-2018: A753

2019-A1246 (ACTIVE) - Summary

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

2019-A1246 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1246
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. G. 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:
   § 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.
   §  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.
                                                            LBD00328-01-9

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