Assembly Bill A5192

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5192
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee 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] SUCH PERSON  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03890-01-5
 A. 5192                             2
              

 
   § 2. The general business law is amended by adding a new section  399-
 hh to read as follows:
   §  399-HH.  SALE  OF  HAZARDOUS  INHALANTS. 1. NO PERSON, CORPORATION,
 PARTNERSHIP,   LIMITED LIABILITY COMPANY, FIRM  OR  ANY  OTHER  BUSINESS
 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.