Bill Text: NY A00544 | 2009-2010 | General Assembly | Amended

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Bill Title: Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2010-05-11 - returned to senate [A00544 Detail]

Download: New_York-2009-A00544-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        544--B
                                                                Cal. No. 42
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M. of A. HOYT, BURLING -- Multi-Sponsored by -- M. of A.
         GALEF, HIKIND, WEISENBERG -- read once and referred to  the  Committee
         on  Health -- passed by Assembly and delivered to the Senate, recalled
         from the Senate, vote reconsidered, bill amended,  ordered  reprinted,
         retaining  its place on the order of third reading -- again amended on
         third reading, ordered reprinted, retaining its place on the order  of
         third reading
       AN  ACT  to  amend  the general business law, in relation to restricting
         access to ipecac syrup
         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-q to read as follows:
    3    S  391-Q.  RESTRICTED  ACCESS TO RETAIL SALE OF IPECAC.  1. ANY RETAIL
    4  ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE  ONLY
    5  ACTIVE  INGREDIENT  IPECAC,  SHALL  LIMIT  ACCESS  TO SUCH PRODUCTS IN A
    6  MANNER DESIGNED TO PREVENT THE MISUSE OR ABUSE OF  SUCH  PRODUCTS.  SUCH
    7  LIMITATIONS  SHALL INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND OTHER
    8  LOCATIONS THAT ARE DIRECTLY ACCESSIBLE BY CUSTOMERS,  AND  PLACING  SUCH
    9  PRODUCTS  BEHIND A PHARMACY COUNTER SO THAT A CONSUMER MUST REQUEST SUCH
   10  PRODUCTS IN ORDER TO OBTAIN SUCH PRODUCTS FROM AN  EMPLOYEE  WORKING  IN
   11  THE  PHARMACY.  IF THE RETAIL ESTABLISHMENT WISHES TO SELL SUCH PRODUCTS
   12  BUT DOES NOT MAINTAIN A PHARMACY AT THAT RETAIL LOCATION, SUCH  PRODUCTS
   13  SHALL  BE  MADE SECURE SUCH THAT THEY MAY ONLY BE ACCESSED BY A MANAGER,
   14  ASSISTANT MANAGER, ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH
   15  LOCATION.
   16    2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS  EVERY  VENDOR
   17  THAT  IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING IPECAC
   18  AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO,  PHARMA-
   19  CIES, GROCERY STORES, AND OTHER RETAIL STORES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02856-04-0
       A. 544--B                           2
    1    S  2.  This act shall take effect immediately; provided, however, that
    2  the rules and regulations necessary to implement section one of this act
    3  shall be promulgated and take effect on or before the one hundred eight-
    4  ieth day after this act shall have become a law.