Bill Text: CA AB1109 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1109

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Product sales: sodium nitrite.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 462, Statutes of 2023. [AB1109 Detail]

Download: California-2023-AB1109-Amended.html

Amended IN Assembly April 05, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1109

Introduced by Assembly Member Connolly
(Principal coauthor: Assembly Member Kalra)

February 15, 2023

An act to add ~~Section 24601 to~~ Chapter 10.5 (commencing with Section 108930) to Part 3 of Division 104 of the Health and Safety Code, relating to health and safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 1109, as amended, Connolly. Product sales: sodium nitrite.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others.

This bill would prohibit ~~the sale of~~ a person, retailer, or online marketplace from selling sodium nitrite ~~in concentrations greater than 10%~~ to a person under 21 years of age ~~by a person, retailer, or online marketplace.~~ and sodium nitrite in concentrations greater than 10% to a person 21 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 21 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 21 years of age. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~YES~~NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Suicide is one of the leading causes of death for children and teens in the United States.

(b) More than 10 percent of youth under 17 years of age experience depression that impairs their ability to function, and over one-half of those who experience depression do not receive treatment.

(c) Suicide and suicide attempts have increased significantly among children and teens in the last 20 years, including a fivefold increase among children between 10 and 12 years of age.

(d) Sodium nitrite, a food preservative that is fatal at high levels of purity, can be easily purchased online and in retail stores by children and teenagers.

(e) Poison control centers throughout the country have reported a 253-percent increase in self-poisoning with nitrites and a 166-percent increase in fatalities in 2021 compared to 2018.

SEC. 2.Section 24601 is added to the Health and Safety Code, to read:
24601.
~~(a)It is unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person under 21 years of age.~~
~~(b)It shall be a defense to a violation of this section to demonstrate both of the following:~~
(1)The purchaser acknowledged before purchase they were at least 21 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not rely on the purchaser simply providing a date of birth without additional verification, using tick boxes to ask purchasers to confirm they are over the minimum age, using a general disclaimer such as: ‘Anyone ordering this product from our website will be deemed to be at least 21 years of age,’ using an ‘accept’ statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age, using e-payment services that do not verify a user’s age, or only accepting payment by credit card without additional age verification.
(2)The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 21 years of age.
~~(c)This section does not apply to the sale of sodium nitrite to a business.~~

SEC. 2.

Chapter 10.5 (commencing with Section 108930) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER 10.5. Sodium Nitrite
108930.
(a) It is unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 21 years of age.
(b) It is unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 21 years of age or older.
(c) It shall be a defense to a violation of subdivision (a) to demonstrate both of the following:
(1) The purchaser acknowledged before purchase they were at least 21 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not rely on the purchaser simply providing a date of birth without additional verification, using tick boxes to ask purchasers to confirm they are over the minimum age, using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 21 years of age,” using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age, using e-payment services that do not verify a user’s age, or only accepting payment by credit card without additional age verification.
(2) The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 21 years of age.
(d) This section does not apply to the sale of sodium nitrite to a business.