Bill Text: NY A03752 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the sale and distribution of powdered pure caffeine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-31 - referred to health [A03752 Detail]

Download: New_York-2019-A03752-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3752
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by M. of A. ORTIZ -- read once and referred 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 powdered pure caffeine
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  article
     2  33-B to read as follows:
     3                                 ARTICLE 33-B
     4                           POWDERED PURE CAFFEINE
     5  Section 3398. Definition.
     6          3398-a. Sale prohibited.
     7          3398-b. Exemption.
     8          3398-c. Penalty.
     9    §  3398.  Definition. For the purposes of this article, "powdered pure
    10  caffeine"  means  any  concentrated  powdered  form  of  the   stimulant
    11  caffeine, or any powder substance sold or marketed as pure caffeine.
    12    §  3398-a. Sale prohibited. No person, firm, corporation, partnership,
    13  association, limited liability company or other entity shall sell, offer
    14  to sell or give away for  either  retail  or  promotional  purposes,  or
    15  distribute powdered pure caffeine.
    16    § 3398-b. Exemption. The provisions of this article shall not apply to
    17  the  marketing  or  sale  of  pure powdered caffeine in bulk form to any
    18  business entity as part of a business transaction.
    19    § 3398-c. Penalty. A violation of this article  shall  be  an  offense
    20  punishable by a fine of not more than one thousand dollars.
    21    § 2. The general business law is amended by adding a new section 390-d
    22  to read as follows:
    23    §  390-d.  Powdered pure caffeine; prohibition. 1. For the purposes of
    24  this section, "powdered pure caffeine" means any  concentrated  powdered
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08190-01-9

        A. 3752                             2
     1  form of the stimulant caffeine, or any powder substance sold or marketed
     2  as pure caffeine.
     3    2.  No  person,  firm,  corporation, partnership, association, limited
     4  liability company or other entity shall sell, offer to sell or give away
     5  for either retail or promotional purposes, or distribute  powdered  pure
     6  caffeine;  provided,  however, that the provisions of this section shall
     7  not apply to the marketing or sale of pure  powdered  caffeine  in  bulk
     8  form to a business entity as part of a business transaction.
     9    3.  A  violation  of  this section shall be an offense punishable by a
    10  fine of not more than one thousand dollars.
    11    § 3. This act shall take effect immediately.
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