Bill Text: NY A07731 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits sale or distribution of any product containing MDPV; defines the chemical compounds which constitute MDPV; imposes a civil penalty of not more than $1,000 for a violation thereof; creates defenses based on over the counter drugs approved by the federal food and drug administration or lack of knowledge that the product contained MDPV.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A07731 Detail]

Download: New_York-2011-A07731-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7731
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
         Committee on Economic Development
       AN ACT to amend the general business law, in relation to prohibiting the
         sale or distribution of MDPV and certain similar products
         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  391-r to read as follows:
    3    S  391-R.  SALE  OR  DISTRIBUTION OF MDPV. 1. FOR THE PURPOSES OF THIS
    4  SECTION, "MDPV" SHALL INCLUDE ANY OF THE FOLLOWING CHEMICAL COMPOUNDS:
    5    (A) 3,4-METHYLENEDIOXYMETHCATHINONE (METHYLONE);
    6    (B) 3,4-METHYLENEDIOXYPYROVALERONE (MDPV);
    7    (C) 4-METHYLMETHCATHINONE (MEPHEDRONE);
    8    (D) 4-METHOXYMETHCATHINONE;
    9    (E) 4-FLUOROMETHCATHINONE; OR
   10    (F) 3-FLUOROMETHCATHINONE.
   11    2. NO PERSON, FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
   12  LIABILITY  COMPANY  OR  OTHER  ENTITY  SHALL SELL, OFFER TO SELL OR GIVE
   13  AWAY, AS EITHER A RETAIL OR  WHOLESALE  PROMOTION,  ANY  PRODUCT,  WHICH
   14  CONTAINS  MDPV,  WHICH MAY ALSO BE REFERRED TO AS METHYLONE, MEPHEDRONE,
   15  OR OTHER NAMES  EXCEPT  AS  AUTHORIZED  BY  SUBDIVISION  THREE  OF  THIS
   16  SECTION.
   17    3.   NOTHING   IN   THIS   SECTION   SHALL  APPLY  TO  NONPRESCRIPTION
   18  OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY  THE  FEDERAL  FOOD  AND
   19  DRUG ADMINISTRATION.
   20    4.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
   21  LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS  OF  THIS
   22  SECTION  BY  SELLING, OFFERING TO SELL OR GIVING AWAY AS EITHER A RETAIL
   23  OR WHOLESALE PROMOTION ANY PRODUCT WHICH CONTAINS MDPV, SHALL BE SUBJECT
   24  TO A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER  VIOLATION,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11538-01-1
       A. 7731                             2
    1  RECOVERABLE  IN  AN  ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY A
    2  MUNICIPALITY OR POLITICAL SUBDIVISION OF THE STATE.
    3    5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
    4  SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT  SOLD,
    5  OFFERED  FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
    6  ANY PRODUCT WHICH CONTAINS MDPV, DID NOT HAVE KNOWLEDGE THAT  IT  WAS  A
    7  PRODUCT CONTAINING MDPV, IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERA-
    8  BLE.
    9    S 2. This act shall take effect immediately.