Assembly Bill A3792

2019-2020 Legislative Session

Prohibits the sale of snortable chocolate-based powder

download bill text pdf

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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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2019-A3792 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-dddd, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A8647

2019-A3792 (ACTIVE) - Summary

Prohibits the sale of snortable chocolate-based powder.

2019-A3792 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3792
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. McDONOUGH, D'URSO, RA, LAWRENCE, RAIA, MORINELLO,
   DAVILA  -- read once and referred to the Committee on Consumer Affairs
   and Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of snortable chocolate-based powder

   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
 399-dddd to read as follows:
   §  399-DDDD.  PROHIBITION  ON THE IMPORTATION, DISTRIBUTION OR SALE OF
 SNORTABLE CHOCOLATE-BASED POWDER. 1. NO PERSON,  FIRM,  CORPORATION,  OR
 ASSOCIATION  SHALL IMPORT, DISTRIBUTE, SELL OR OFFER TO SELL ANY SNORTA-
 BLE CHOCOLATE-BASED POWDER.
   2. FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "SNORTABLE  CHOCOLATE
 BASED-POWDER"  MEANS ANY SNORTABLE CHOCOLATE-BASED POWDER WHICH INCLUDES
 CACAO POWDER, AS WELL AS GINGKO BILOBA, TAURINE AND GUARANA.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN  APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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