Bill Text: NY A06757 | 2015-2016 | General Assembly | Introduced

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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 4-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A06757 Detail]

Download: New_York-2015-A06757-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6757
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 1, 2015
                                      ___________
       Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON -- Multi-Sponsored
         by  --  M.  of  A. GALEF -- read once and referred to the Committee 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.
                                                                  LBD10124-01-5