Bill Text: NY A00790 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the sale of products bearing the name of any schedule I, II, III, IV or V controlled substance, as defined under section 3306 of the public health law, that is unlawful to possess or sell.

Sponsorship: Slight Partisan Bill (Democrat 14-7)

Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A00790 Detail]

Download: New_York-2011-A00790-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          790
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  DINOWITZ,  GALEF,  DESTITO,  MILLMAN, CLARK,
         PEOPLES-STOKES, MARKEY -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,
         BURLING,  CROUCH,  DUPREY,  GIGLIO,  HOOPER, MAGEE, McENENY, McKEVITT,
         PERRY, PHEFFER, SAYWARD, WEISENBERG -- read once and referred  to  the
         Committee on Consumer Affairs and Protection
       AN  ACT to amend the general business law, in relation to products bear-
         ing illegal drug names
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative intent. The legislature finds that there is a
    2  new breed of beverages containing large doses of caffeine, sugar, and  a
    3  mixture of herbs and other substances, that are fast becoming the young-
    4  er  generation's  pick-me-up of choice. These so-called energy or sports
    5  drinks are considered dietary supplements and are not subject  to  regu-
    6  lation  by  the  federal  food  and drug administration. The legislature
    7  further finds that there is a new sports drink  on  the  market,  called
    8  "Cocaine",  which,  by its name, glamorizes an illegal and deadly stimu-
    9  lant that has ravaged families and entire neighborhoods.  The  president
   10  and  chairman  of  the National Center on Addiction and Substance Abuse,
   11  Joseph A. Califano Jr., described this new drink  as  "insidious,  disg-
   12  raceful,  irresponsible,  reprehensible, and disgusting." Therefore, the
   13  legislature finds that the sale of products  bearing  such  inflammatory
   14  names should be prohibited.
   15    S 2. The general business law is amended by adding a new section 398-e
   16  to read as follows:
   17    S  398-E.  SALE OF PRODUCTS BEARING ILLEGAL DRUG NAMES. 1. IT SHALL BE
   18  UNLAWFUL TO  SELL  ANY  PRODUCT  BEARING  THE  NAME  OF  ANY  CONTROLLED
   19  SUBSTANCE,  AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC
   20  HEALTH LAW, THAT IS UNLAWFUL TO POSSESS OR SELL PURSUANT TO ARTICLE  TWO
   21  HUNDRED TWENTY OF THE PENAL LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04339-01-1
       A. 790                              2
    1    2.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
    2  PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS. A VIOLATION
    3  OF THE PROVISIONS OF THIS ARTICLE AFTER HAVING BEEN PREVIOUSLY CONVICTED
    4  OF SUCH AN OFFENSE WITHIN THE PREVIOUS FIVE YEARS SHALL  BE  A  CLASS  B
    5  MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS.
    6    S 3. This act shall take effect immediately.