Bill Text: NY A09017 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of certain hazardous inhalants to persons under the age of twenty-one.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-05 - referred to health [A09017 Detail]

Download: New_York-2023-A09017-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9017

                   IN ASSEMBLY

                                    February 5, 2024
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Health

        AN ACT to amend the public health law and the general business  law,  in
          relation  to  prohibiting  the  sale of certain hazardous inhalants to
          persons under the age of twenty-one

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 1 and subdivision 4 of section
     2  3380  of the public health law, as amended by chapter 234 of the laws of
     3  1985, are amended to read as follows:
     4    (b) As used in this section hazardous inhalants shall mean and include
     5  any of the preparations of compounds containing one or more of the chem-
     6  ical compounds; amyl nitrite, isoamyl nitrite, butyl  nitrite,  isobutyl
     7  nitrite,  pentyl nitrite or any other [akyl] alkyl nitrite compound that
     8  is either designed to be used, or commonly used, as an inhalant.
     9    4. No person shall sell, or offer to sell, to  any  other  person  any
    10  tube  or other container of any hazardous inhalants or glue containing a
    11  solvent having the property of releasing toxic vapors or fumes:
    12    (a) if he has knowledge that the product sold, or  offered  for  sale,
    13  will  be  used  for  the  purpose  set  forth in subdivision two of this
    14  section; or
    15    (b) unless there has been added to such glue a sufficient quantity  of
    16  an  additive, approved by the commission, which shall act as a deterrent
    17  to inhalation, and not be harmful or  toxic  to  the  human  body.  This
    18  provision  shall  not  apply to hazardous inhalants or glue manufactured
    19  and sold for industrial use; or
    20    (c) where such other person is under  the  age  of  twenty-one  years;
    21  provided, however, that this paragraph shall not apply to the inhalation
    22  of  any  anesthesia  or inhalant for medical or dental purposes or where
    23  permitted under paragraph (b) of this subdivision.
    24    § 2. The general business law is amended by adding a new section  399-
    25  hhhh to read as follows:
    26    §  399-hhhh.  Sale  of hazardous inhalants. 1. No person, corporation,
    27  partnership,   limited liability company, firm  or  any  other  business

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13189-04-4
        A. 9017                             2

     1  entity  doing  business  within  this state shall sell or offer for sale
     2  hazardous inhalants as defined by section thirty-three hundred eighty of
     3  the public health law, except where permitted by such  section,  to  any
     4  person  under  the  age  of twenty-one.
     5    2.  Any  person,  corporation, partnership, limited liability company,
     6  firm, or any other business entity doing business within the state sell-
     7  ing, offering  for  sale,  or  distributing  hazardous  inhalants  shall
     8  require  proof  of  legal age prior   to   allowing   an  individual  to
     9  purchase or receive a shipment of hazardous inhalants. Such  identifica-
    10  tion    shall not  be  required of any individual who reasonably appears
    11  to be at least thirty years of age, provided, however, that such appear-
    12  ance shall not constitute a defense in any proceeding alleging the  sale
    13  or distribution of hazardous inhalants to an individual under twenty-one
    14  years of age.
    15    3.  Any  person,  corporation, partnership, limited liability company,
    16  firm or any other business entity that violates the provisions of   this
    17  section shall be subject to a civil penalty of not more than two hundred
    18  fifty  dollars  for  an  initial  offense and not more than five hundred
    19  dollars  for the  second  and  each  subsequent  offense, provided  this
    20  section  shall  not  be  construed  to limit any other criminal or civil
    21  liability  such  person,  corporation,  partnership, limited   liability
    22  company, firm or other business entity may be subject to under law.
    23    §  3.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.