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. LBD08190-01-9A. 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.