Bill Text: NY S06084 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the knowing sale of xylazine to persons under the age of 21 and without proof of the intended use for institutional, veterinary, or scientific purposes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-09 - PRINT NUMBER 6084B [S06084 Detail]

Download: New_York-2023-S06084-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6084--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 28, 2023
                                       ___________

        Introduced  by Sens. FERNANDEZ, ADDABBO -- read twice and ordered print-
          ed, and when printed to be committed  to  the  Committee  on  Consumer
          Protection -- committee discharged, bill amended, ordered reprinted as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Consumer Protection in accordance  with  Senate  Rule  6,
          sec.  8  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of xylazine

          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  392-k to read as follows:
     3    §  392-k.  Sale of xylazine. 1. For purposes of this section, the term
     4  "xylazine" shall mean a pharmaceutical drug  used  for  sedation,  anes-
     5  thesia,  muscle  relaxation,  and  analgesia  in animals such as horses,
     6  cattle, and other non-human mammals.
     7    2. No  corporation,  partnership,  limited  liability  company,  firm,
     8  online platform, or any other business entity doing business within this
     9  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    10  viduals without proof of its intended use for institutional, veterinary,
    11  or scientific purposes.
    12    3.  No  corporation,  partnership,  limited  liability  company, firm,
    13  online platform, or other business entity  doing  business  within  this
    14  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    15  viduals under the age of twenty-one.
    16    4.  Any  corporation,  partnership,  limited  liability company, firm,
    17  online platform or other business  entity  doing  business  within  this
    18  state  which  knowingly sells, offers for sale, or distributes xylazine,
    19  shall require and retain sales records, proof of age, and proof  of  use
    20  from all purchasers.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10463-06-4
        S. 6084--B                          2

     1    5.  Any  corporation,  partnership,  limited  liability company, firm,
     2  online platform, or other business entity  doing  business  within  this
     3  state that violates the provisions of this section by knowingly selling,
     4  offering  for  sale,  or delivering xylazine shall be subject to a civil
     5  penalty  of  not more than three thousand dollars for a first violation,
     6  and sixty-five hundred dollars for each subsequent violation,  recovera-
     7  ble  in an action by the attorney general of the state of New York.  All
     8  funds collected or received by the state from  civil  penalties  imposed
     9  under  this section shall be deposited in the New York state drug treat-
    10  ment and public education fund established pursuant to  section  ninety-
    11  nine-jj of the state finance law.
    12    § 2. This act shall take effect immediately.