Bill Text: NY A04518 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law, in relation to the sale of certain substances in capsules
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A04518 Detail]
Download: New_York-2009-A04518-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4518 2009-2010 Regular Sessions I N A S S E M B L Y February 4, 2009 ___________ Introduced by M. of A. BRODSKY, PHEFFER -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to the sale of certain substances in capsules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 1356 to read as follows: 3 S 1356. SALE OF CERTAIN SUBSTANCES IN CAPSULES. NO SUBSTANCES 4 CONTAINED IN CAPSULES AND INTENDED FOR HUMAN INGESTION SHALL BE SOLD, 5 DELIVERED, DISTRIBUTED, OR OTHERWISE FURNISHED TO ANY PERSON. THE 6 PROVISIONS OF THIS SECTION SHALL NOT APPLY TO DRUGS FOR WHICH A 7 PRESCRIPTION IS REQUIRED BY THE PROVISIONS OF THE FEDERAL FOOD, DRUG AND 8 COSMETIC ACT OR BY THE COMMISSIONER. THE COMMISSIONER SHALL PROMULGATE 9 SUCH RULES AND REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PROVISIONS 10 OF THIS SECTION, INCLUDING PROCEDURES FOR THE MAKING OF EXCEPTIONS TO 11 THIS SECTION WHERE (I) SUCH CAPSULES ARE CONTAINED IN A MANNER THAT IT 12 WILL BE CLEARLY OBVIOUS TO EITHER THE CONSUMER AT THE TIME OF SELECTION 13 OR TO STORE PERSONNEL AT THE TIME OF CHECK-OUT, BY MEANS OF THE RELEASE 14 OF MICROENCAPSULATED DYES, THE APPEARANCE OF LATENT IMAGES, THE BREAKING 15 OF MAGNETIC BANDS, OR EQUALLY EFFECTIVE MEANS, WHETHER OR NOT THE 16 CONTAINER HAS BEEN OPENED, OR (II) SUCH EXCEPTION IS REASONABLY NECES- 17 SARY, CONSIDERING THE ECONOMIC AND OTHER CONSEQUENCES OF THE BAN, BUT 18 CONSIDERING PUBLIC HEALTH AND SAFETY AS THE FIRST PRIORITY, AND WHERE 19 THE SALE OR DISTRIBUTION OF SUCH CAPSULES MAY BE MADE ONLY UNDER CONDI- 20 TIONS OF INCREASED SECURITY, INCLUDING THE STORAGE OF SUCH ITEMS IN 21 SECURE AREAS, AS THE COMMISSIONER MAY ORDER. 22 S 2. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law; provided that the rules and regulations 24 necessary to the implementation of the provisions of this act shall be 25 promulgated and that any other measures so necessary shall be taken on 26 or before such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08216-01-9