Bill Text: NY A06405 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 6405 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the sale of mercury fever thermometers without a prescription from a health care practitioner or veterinarian; provides a violation of such provisions shall be subject to a civil fine of not more than $500.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A06405 Detail]

Download: New_York-2013-A06405-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6405
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2013
                                      ___________
       Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON -- Multi-Sponsored
         by -- M. of A.  GALEF, JACOBS -- read once and referred to the Commit-
         tee on Environmental Conservation
       AN ACT to amend the general business law, in relation to prohibiting the
         sale and distribution of mercury fever thermometers
         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  395-c to read as follows:
    3    S 395-C. SALE OR DISTRIBUTION OF MERCURY THERMOMETERS; PROHIBITED.  1.
    4  FOR THE PURPOSES OF THIS SECTION, "MERCURY FEVER THERMOMETER" SHALL MEAN
    5  ANY  THERMOMETER USED TO MEASURE HUMAN OR ANIMAL BODY TEMPERATURE, WHICH
    6  CONTAINS MERCURY OR A MERCURY COMPOUND. SUCH TERM SHALL NOT  INCLUDE  AN
    7  ELECTRONIC THERMOMETER WITH A BATTERY CONTAINING MERCURY.
    8    2.  NO PERSON SHALL SELL, OFFER TO SELL OR EXPOSE FOR SALE ANY MERCURY
    9  FEVER THERMOMETER.
   10    3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL  NOT  APPLY
   11  TO  THE  SALE  OR PROVISION OF A MERCURY FEVER THERMOMETER IN ACCORDANCE
   12  WITH A PRESCRIPTION BY:
   13    (A) A HEALTH CARE PRACTITIONER  LICENSED  OR  REGISTERED  PURSUANT  TO
   14  TITLE  EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE LAWFUL SCOPE OF HIS
   15  OR HER PRACTICE, PURSUANT TO THE RULES AND REGULATIONS  OF  THE  COMMIS-
   16  SIONER OF HEALTH; OR
   17    (B)  A  VETERINARIAN  PURSUANT  TO  THE  RULES  AND REGULATIONS OF THE
   18  COMMISSIONER OF AGRICULTURE AND MARKETS.
   19    4. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO  OF  THIS
   20  SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY OF NOT MORE THAN FIVE
   21  HUNDRED DOLLARS.
   22    S 2. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law, provided  that  any  rules  and  regulations
   24  necessary  to implement the provisions of this act on its effective date
   25  are authorized and directed to be promulgated on or before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10040-01-3