S T A T E   O F   N E W   Y O R K
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                                  2819--A
     Cal. No. 772
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sens.  ADDABBO, MYRIE -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection -- reported favorably from said committee, ordered to first
   and  second  report,  ordered to a third reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of whipped cream chargers to persons under the age of twenty-one
 
   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-hh to read as follows:
   §  399-HH.  SALE  OF  WHIPPED  CREAM CHARGERS. 1. FOR PURPOSES OF THIS
 SECTION, THE TERM "WHIPPED CREAM CHARGER" SHALL MEAN A STEEL CYLINDER OR
 CARTRIDGE FILLED WITH NITROUS OXIDE (N2O) THAT IS  USED  AS  A  WHIPPING
 AGENT IN A WHIPPED CREAM DISPENSER.
   2.  NO  PERSON,  CORPORATION,  PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM OR ANY OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THIS STATE SHALL
 SELL OR OFFER FOR SALE A WHIPPED CREAM CHARGER TO ANY PERSON  UNDER  THE
 AGE OF TWENTY-ONE.
   3.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM, OR OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THE STATE  SELLING,
 OFFERING  FOR SALE, OR DISTRIBUTING WHIPPED CREAM CHARGERS SHALL REQUIRE
 PROOF OF LEGAL AGE PRIOR  TO  ALLOWING  AN  INDIVIDUAL  TO  PURCHASE  OR
 RECEIVE  A  SHIPMENT OF WHIPPED CREAM CHARGERS. 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 OR DISTRIB-
 UTION OF WHIPPED CREAM CHARGERS TO AN INDIVIDUAL UNDER TWENTY-ONE  YEARS
 OF AGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04117-03-1

 S. 2819--A                          2
 
   4.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS  OF  THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED
 FIFTY  DOLLARS  FOR  AN  INITIAL  OFFENSE AND NOT MORE THAN FIVE HUNDRED
 DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.