Bill Text: NY A09119 | 2015-2016 | General Assembly | Introduced

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Bill Title: Restricts access in retail establishments to large or broad tip permanent marking pens; requires proof of age over 18.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-28 - referred to economic development [A09119 Detail]

Download: New_York-2015-A09119-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9119
                   IN ASSEMBLY
                                    January 28, 2016
                                       ___________
        Introduced by M. of A. MILLER -- read once and referred to the Committee
          on Economic Development
        AN  ACT  to  amend  the general business law, in relation to restricting
          access to certain permanent marking pens
          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-u to read as follows:
     3    § 391-u. Restricted access to retail sale of certain permanent marking
     4  pens.  1.  No  retail establishment offering for sale permanent large or
     5  broad tip marking pens, shall  permit  the  sale  of  such  products  to
     6  persons  under the age of eighteen.  Retail establishments shall require
     7  proof of legal age for purchase of such  products.  Such  identification
     8  need  not  be required of any individual who reasonably appears to be at
     9  least twenty-five years of age, provided, however, that such  appearance
    10  shall  not  constitute  a defense in any proceeding alleging the sale of
    11  large or broad tip permanent marking pens to an individual  under  eigh-
    12  teen   years  of  age.  Any  retail  establishment  which  violates  the
    13  provisions of this section shall be subject to a  fine  of  two  hundred
    14  fifty dollars for each such violation.
    15    2.  As  used in this section "retail establishment" means every vendor
    16  that in the regular course of business sells large or broad  tip  perma-
    17  nent  marking  pens  at retail directly to the public including, but not
    18  limited to, pharmacies, grocery stores, and other retail stores.
    19    § 2. This act shall take effect immediately; provided,  however,  that
    20  the rules and regulations necessary to implement section one of this act
    21  shall be promulgated and take effect on or before the one hundred eight-
    22  ieth day after this act shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13787-01-6