Bill Text: NY A00933 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 933 (Prior Session Legislation)

Bill Title: Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to prohibit the sale of such products to persons under the age of eighteen without a valid prescription; requires establishments to require proof of legal age for purchase of such products.

Spectrum: Moderate Partisan Bill (Democrat 20-3)

Status: (Introduced - Dead) 2013-06-21 - substituted by s696b [A00933 Detail]

Download: New_York-2013-A00933-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        933--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  JAFFEE,  GRAF,  ROBERTS, ZEBROWSKI, BOYLAND,
         WEPRIN, GUNTHER, AUBRY, SCHIMEL -- Multi-Sponsored  by  --  M.  of  A.
         ABINANTI,  ARROYO, BRAUNSTEIN, CERETTO, CLARK, COOK, FINCH, GABRYSZAK,
         GIBSON, MARKEY, PERRY, ROBINSON, TITONE, WEISENBERG -- read  once  and
         referred to the Committee on Higher Education -- committee discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee -- reference changed to the Committee  on  Consumer  Affairs
         and   Protection   --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the general business law,  in  relation  to  restricting
         access to dextromethorphan, commonly known as "dxm"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-s to read as follows:
    3    S 391-S.   RESTRICTED  ACCESS  TO  RETAIL  SALE  OF  DEXTROMETHORPHAN,
    4  COMMONLY  KNOWN  AS "DXM". 1.  NO RETAIL ESTABLISHMENT OFFERING FOR SALE
    5  ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR-
    6  PHAN, SHALL PERMIT THE SALE OF SUCH PRODUCTS TO PERSONS UNDER THE AGE OF
    7  EIGHTEEN WITHOUT  A  VALID  PRESCRIPTION.  RETAIL  ESTABLISHMENTS  SHALL
    8  REQUIRE  PROOF  OF  LEGAL AGE FOR PURCHASE OF SUCH PRODUCTS.  SUCH IDEN-
    9  TIFICATION NEED NOT BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS
   10  TO BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED,  HOWEVER,  THAT  SUCH
   11  APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE
   12  SALE  OF  ANY  PRODUCT  OR  PRODUCTS  CONTAINING AS AN ACTIVE INGREDIENT
   13  DEXTROMETHORPHAN TO AN INDIVIDUAL UNDER EIGHTEEN  YEARS  OF  AGE.    ANY
   14  RETAIL ESTABLISHMENT WHICH VIOLATES THE PROVISIONS OF THIS SECTION SHALL
   15  BE  SUBJECT  TO  A  FINE  OF  TWO  HUNDRED  FIFTY  DOLLARS FOR EACH SUCH
   16  VIOLATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02648-16-3
       A. 933--B                           2
    1    2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS  EVERY  VENDOR
    2  THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING DEXTRO-
    3  METHORPHAN  AT  RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED
    4  TO, PHARMACIES, GROCERY STORES, AND OTHER RETAIL STORES.
    5    3.  THIS SECTION SHALL SUPERSEDE ANY LOCAL LAWS OR ORDINANCES REGULAT-
    6  ING THE SALES OF PRODUCTS CONTAINING DEXTROMETHORPHAN.
    7    S 2. This act shall take effect on the one hundred eightieth day after
    8  it shall have become a law.