Bill Text: NY A04518 | 2009-2010 | General Assembly | Introduced

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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

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                           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