NY State Senate Bill 2023-S8156

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2024	referred to health

2023-S8156 (ACTIVE) - Details

See Assembly Version of this Bill:: A9017
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3380, Pub Health L; add §399-hhhh, Gen Bus L

2023-S8156 (ACTIVE) - Summary

Prohibits the sale of certain hazardous inhalants to persons under the age of twenty-one.

2023-S8156 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8156

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law and the general business law, in
relation to prohibiting the sale of certain hazardous inhalants to
persons under the age of twenty-one

 
PURPOSE:

To prohibit young people from purchasing dangerous and addictive
substances, and to discourage use into later adulthood.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 4 of section 3380 of the public
health law to add a new paragraph (c), which would prohibit the sale of
hazardous inhalants to persons under the age of twenty-one. However,
such prohibition would not apply to the inhalation of any anesthesia or
inhalant for medical or dental purposes, or where permitted under para-
graph (b) of the subdivision, which allows the purchase of glues when a

sufficient additive to deter inhalation is contained.

Section 2 of the bill amends the general business law to add a new
section 399-hhhh, which would prohibit the sale of hazardous inhalants,
as defined by section 3380 of the public health law, to persons under
the age of twenty-one, except where permitted by such section. The
section also requires sellers of hazardous inhalants to demand identifi-
cation of a buyer that appears under the age of thirty.

Section 3 of the bill sets the effective date.

 
JUSTIFICATION:

According to the FDA, nitrite products or, more commonly, "poppers,"
often contain chemicals such as amyl nitrite, which are typically found
in prescription medications. However, because "poppers" are often
marketed as nail polish remover or a cleaning product and thus "not for
human consumption," an individual of any age can purchase them readily
at corner stores, convenience stores, and adult novelty stores. When
inhaled or huffed, as they typically are, "poppers" can cause skin
damage, extreme blood pressure drops, seizures, coma, and even death.

A product with such great dangers should not be able to be attained by
our young and vulnerable, who similarly cannot purchase alcohol, ciga-
rettes, and many more substances. Moreover, by keeping it out of the
hands of young people, we discourage later adult use, as research shows
across substances that addiction potential is greatest when use begins
early.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S8156 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8156
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the general business  law,  in
   relation  to  prohibiting  the  sale of certain hazardous inhalants 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. Paragraph (b) of subdivision 1 and subdivision 4 of section
 3380  of the public health law, as amended by chapter 234 of the laws of
 1985, are amended to read as follows:
   (b) As used in this section hazardous inhalants shall mean and include
 any of the preparations of compounds containing one or more of the chem-
 ical compounds; amyl nitrite, isoamyl nitrite, butyl  nitrite,  isobutyl
 nitrite,  pentyl nitrite or any other [akyl] ALKYL nitrite compound that
 is either designed to be used, or commonly used, as an inhalant.
   4. No person shall sell, or offer to sell, to  any  other  person  any
 tube  or other container of any hazardous inhalants or glue containing a
 solvent having the property of releasing toxic vapors or fumes:
   (a) if he has knowledge that the product sold, or  offered  for  sale,
 will  be  used  for  the  purpose  set  forth in subdivision two of this
 section; or
   (b) unless there has been added to such glue a sufficient quantity  of
 an  additive, approved by the commission, which shall act as a deterrent
 to inhalation, and not be harmful or  toxic  to  the  human  body.  This
 provision  shall  not  apply to hazardous inhalants or glue manufactured
 and sold for industrial use; OR
   (C) WHERE SUCH OTHER PERSON IS UNDER  THE  AGE  OF  TWENTY-ONE  YEARS;
 PROVIDED, HOWEVER, THAT THIS PARAGRAPH SHALL NOT APPLY TO THE INHALATION
 OF  ANY  ANESTHESIA  OR INHALANT FOR MEDICAL OR DENTAL PURPOSES OR WHERE
 PERMITTED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   § 2. The general business law is amended by adding a new section  399-
 hhhh to read as follows:
   §  399-HHHH.  SALE  OF HAZARDOUS INHALANTS. 1. NO PERSON, CORPORATION,
 PARTNERSHIP,   LIMITED LIABILITY COMPANY, FIRM  OR  ANY  OTHER  BUSINESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13189-04-4
 S. 8156                             2
 
 ENTITY  DOING  BUSINESS  WITHIN  THIS STATE SHALL SELL OR OFFER FOR SALE
 HAZARDOUS INHALANTS AS DEFINED BY SECTION THIRTY-THREE HUNDRED EIGHTY OF
 THE PUBLIC HEALTH LAW, EXCEPT WHERE PERMITTED BY SUCH  SECTION,  TO  ANY
 PERSON  UNDER  THE  AGE  OF TWENTY-ONE.
   2.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM, OR ANY OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THE STATE SELL-
 ING, OFFERING  FOR  SALE,  OR  DISTRIBUTING  HAZARDOUS  INHALANTS  SHALL
 REQUIRE  PROOF  OF  LEGAL AGE PRIOR   TO   ALLOWING   AN  INDIVIDUAL  TO
 PURCHASE OR RECEIVE A SHIPMENT OF HAZARDOUS INHALANTS. SUCH  IDENTIFICA-
 TION    SHALL NOT  BE  REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS
 TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH APPEAR-
 ANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE  SALE
 OR DISTRIBUTION OF HAZARDOUS INHALANTS TO AN INDIVIDUAL UNDER TWENTY-ONE
 YEARS OF AGE.
   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, PROVIDED  THIS
 SECTION  SHALL  NOT  BE  CONSTRUED  TO LIMIT ANY OTHER CRIMINAL OR CIVIL
 LIABILITY  SUCH  PERSON,  CORPORATION,  PARTNERSHIP, LIMITED   LIABILITY
 COMPANY, FIRM OR OTHER BUSINESS ENTITY MAY BE SUBJECT TO UNDER LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S8156

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S8156 (ACTIVE) - Details

2023-S8156 (ACTIVE) - Summary

2023-S8156 (ACTIVE) - Sponsor Memo

2023-S8156 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8156

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Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Health Committee

2023-S8156 (ACTIVE) - Details

2023-S8156 (ACTIVE) - Summary

2023-S8156 (ACTIVE) - Sponsor Memo

2023-S8156 (ACTIVE) - Bill Text download pdf

Comments