Bill Text: NY A03792 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the sale of snortable chocolate-based powder.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced) 2019-01-31 - referred to consumer affairs and protection [A03792 Detail]

Download: New_York-2019-A03792-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
        Introduced by M. of A. McDONOUGH, D'URSO, RA, LAWRENCE, RAIA, MORINELLO,
          DAVILA  -- read once and referred to the Committee on Consumer Affairs
          and Protection
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of snortable chocolate-based powder
          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  399-dddd to read as follows:
     3    §  399-dddd.  Prohibition  on the importation, distribution or sale of
     4  snortable chocolate-based powder. 1. No person,  firm,  corporation,  or
     5  association  shall import, distribute, sell or offer to sell any snorta-
     6  ble chocolate-based powder.
     7    2. For the purposes of this section,  the  term  "snortable  chocolate
     8  based-powder"  means any snortable chocolate-based powder which includes
     9  cacao powder, as well as gingko biloba, taurine and guarana.
    10    3. Whenever there shall be a violation of this section an  application
    11  may  be  made  by  the attorney general in the name of the people of the
    12  state of New York to a court or justice having jurisdiction by a special
    13  proceeding to issue an injunction, and upon notice to the  defendant  of
    14  not  less than five days, to enjoin and restrain the continuance of such
    15  violations; and if it shall appear to the satisfaction of the  court  or
    16  justice  that  the  defendant  has,  in  fact, violated this section, an
    17  injunction may  be  issued  by  the  court  or  justice,  enjoining  and
    18  restraining  any  further  violations,  without requiring proof that any
    19  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
    20  proceeding,  the  court  may  make allowances to the attorney general as
    21  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    22  hundred  three  of the civil practice law and rules, and direct restitu-
    23  tion. Whenever the court  shall  determine  that  a  violation  of  this
    24  section  has  occurred, the court may impose a civil penalty of not more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3792                             2
     1  than one thousand dollars for each violation. Each sale of  a  snortable
     2  chocolate-based  powder  in violation of this section shall constitute a
     3  separate violation. In connection with any  such  proposed  application,
     4  the  attorney  general  is  authorized to take proof and make a determi-
     5  nation of the relevant facts and to issue subpoenas in  accordance  with
     6  the civil practice law and rules.
     7    § 2. This act shall take effect immediately.