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Assembly Bill A8705

2019-2020 Legislative Session

Prohibits the sale of helium inflated balloons

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Archive: Last Bill Status - In Assembly Committee

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2019-A8705 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-jj, Gen Bus L

2019-A8705 (ACTIVE) - Summary

Prohibits the sale of helium inflated balloons except for scientific purposes.

2019-A8705 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8705
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 23, 2019
                                ___________
 
 Introduced by M. of A. HUNTER -- 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 helium inflated balloons
 
   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-jj to read as follows:
   § 399-JJ. PROHIBITION OF THE SALE OF HELIUM INFLATED BALLOONS. 1.  FOR
 THE  PURPOSE  OF  THIS  SECTION "HELIUM INFLATED BALLOON" SHALL MEAN ANY
 INFLATABLE OBJECT INFLATED WITH HELIUM GAS.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON,  CORPORATION,  PARTNERSHIP  OR
 LIMITED LIABILITY COMPANY TO SELL, OFFER FOR SALE, MANUFACTURE, DISTRIB-
 UTE, OR TRANSPORT IN THIS STATE ANY HELIUM INFLATED BALLOON.
   3.  THIS  SECTION  SHALL  NOT APPLY TO BALLOONS WHICH ARE USED FOR THE
 PURPOSE OF CARRYING SCIENTIFIC EXPERIMENTATION DURING THE PERFORMANCE OF
 AN EXPERIMENT OR TEST BY A PERSON ON BEHALF OF A GOVERNMENTAL AGENCY  OR
 PURSUANT  TO  A  GOVERNMENTAL  CONTRACT FOR SCIENTIFIC OR METEOROLOGICAL
 PURPOSES.
   4. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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