NY State Senate Bill S2819

Archive: Last Bill Status - Unknown Status

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2021	chapter 515
Oct 13, 2021	delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading rules cal.522 substituted for a754a
Jun 01, 2021	referred to consumer affairs and protection returned to assembly repassed senate
May 19, 2021	amended on third reading 2819a
May 19, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 04, 2021	referred to consumer affairs and protection delivered to assembly passed senate
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.772
Jan 25, 2021	referred to consumer protection

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2819 - Details

Law Section:: General Business Law
Laws Affected:: Add §399-hh, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S5151

S2819 - Summary

Prohibits the sale of whipped cream chargers to persons under the age of twenty-one.

S2819 - Sponsor Memo

 
BILL NUMBER: S2819

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE:

To prevent the sale of whipped cream chargers or whipits to minors.

 
SUMMARY OF PROVISIONS:

Section 1 amend the general business law by adding a new section 399-hh
to define the term "whipped cream charger" as a steel cylinder or
cartridge filled with nitrous oxide, that is commonly used in a whipped
cream dispenser, and defines other common names used to describe this
item.

It provides that no individual or business within the state sell or
offer for sale a whipped cream charger to any person under the age of

twenty-one.

Outlines the violations of 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.

 
JUSTIFICATION:

Whipped cream chargers, commonly known as whipits, contain nitrous
oxide. They are sold by the individual canister or by an entire tank.
Tanks are routinely rented or purchased for blowing up balloons. Nitrous
oxide is known to cause hearing loss, liver and kidney damage, limb
spasms, central nervous system or brain damage, bone marrow damage,
heart failure or suffocation.

According to the National Institute on Drug Abuse, 719,000 people age 12
or older reported using inhalants for the first time within the prior 12
months.

In addition, nitrous oxide is highly addictive. Many state dental asso-
ciations have established treatment programs for dentists and dental
hygienists who have found themselves addicted.

 
LEGISLATIVE HISTORY:

2019: S. 5151 - Passed Senate.

2020: S. 5151 - Passed Senate.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the thirtieth day after it has become a law.

S2819 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2819
 
                        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
 
 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, AND IS COMMONLY  REFERRED  TO  AS  A
 WHIPPIT, WHIPPET, NOSSY, NANG, JOHNSON OR CHARGER.
   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 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.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04117-01-1

Co-Sponsors

S2819A (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §399-hh, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S5151

S2819A (ACTIVE) - Summary

Prohibits the sale of whipped cream chargers to persons under the age of twenty-one.

S2819A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2819A

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent the sale of whipped cream chargers to anyone under the age of
twenty-one.

 
SUMMARY OF PROVISIONS:

Section 1 amend the general business law by adding a new section 399-ii
to define the term "whipped cream charger" as a steel cylinder or
cartridge filled with nitrous oxide, that, is commonly used whipped
cream dispenser.  Provides that no individual or business within the
state sell or offer for sale a whipped cream charger to any person under
the age of twenty-one.

Requires proof of legal age be presented prior to allowing an individual
to purchase or receive a shipment of whipped cream chargers. Such iden-
tification need not be required of any individual who reasonably appears
to be at least twenty-five years of age.

Section 2 outlines the violations of 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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version of the bill removes language from the previous
version that adds commonly used terms for whipped cream chargers. In
addition, the amended version adds in a mechanism that would require
providing proof of legal age in the acquisition of whipped cream char-
gers so that the distributor/seller will have a way of knowing the age
of the consumer.

 
JUSTIFICATION:

Whipped. cream chargers, commonly known as whip its, contain nitrous
oxide. They are sold by the individual canister or by an entire tank.
Tanks are routinely rented or purchased for blowing up balloons.
Nitrous oxide is known to cause hearing loss, liver and kidney damage,
limb spasms, central nervous system or brain damage, bone marrow damage,
heart failure or suffocation.  According to the National Institute on
Drug Abuse, 719,000 people age 12 or older reported using inhalants for
the first time within the prior 12 months.

In addition, nitrous oxide is highly addictive. Many state dental asso-
ciations have established treatment programs for dentists and dental
hygienists who have found themselves addicted.

 
PRIOR LEGISLATIVE HISTORY:

2019: S. 5151 - Passed Senate. 2020: S. 5151 - Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
On the thirtieth day after it has become a law.

S2819A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  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.

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The New York State Senate

senate Bill S2819

Sponsored By

Archive: Last Bill Status - Unknown Status

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

May 4, 2021 - floor Vote

Floor Vote: May 4, 2021

Apr 26, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Apr 26, 2021

Bill Amendments

Co-Sponsors

S2819 - Details

S2819 - Summary

S2819 - Sponsor Memo

S2819 - Bill Text download pdf

Co-Sponsors

S2819A (ACTIVE) - Details

S2819A (ACTIVE) - Summary

S2819A (ACTIVE) - Sponsor Memo

S2819A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2819

Share this bill

Sponsored By

Joseph P. Addabbo Jr

Archive: Last Bill Status - Unknown Status

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

May 4, 2021 - floor Vote

Floor Vote: May 4, 2021

Apr 26, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Apr 26, 2021

Bill Amendments

Co-Sponsors

Zellnor Myrie

S2819 - Details

S2819 - Summary

S2819 - Sponsor Memo

S2819 - Bill Text download pdf

Co-Sponsors

Zellnor Myrie

S2819A (ACTIVE) - Details

S2819A (ACTIVE) - Summary

S2819A (ACTIVE) - Sponsor Memo

S2819A (ACTIVE) - Bill Text download pdf

Comments