Bill Text: NY S02819 | 2021-2022 | General Assembly | Amended

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Bill Title: Prohibits the sale of whipped cream chargers to persons under the age of twenty-one.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled - Dead) 2021-10-26 - CHAPTER 515 [S02819 Detail]

Download: New_York-2021-S02819-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2819--A
            Cal. No. 772

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 25, 2021
                                       ___________

        Introduced  by  Sens.  ADDABBO, MYRIE -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Consumer
          Protection -- reported favorably from said committee, ordered to first
          and  second  report,  ordered to a third reading, passed by Senate and
          delivered to the Assembly, recalled, vote  reconsidered,  restored  to
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of whipped cream chargers 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. The general business law is amended by adding a new section
     2  399-hh to read as follows:
     3    §  399-hh.  Sale  of  whipped  cream chargers. 1. For purposes of this
     4  section, the term "whipped cream charger" shall mean a steel cylinder or
     5  cartridge filled with nitrous oxide (N2O) that is  used  as  a  whipping
     6  agent in a whipped cream dispenser.
     7    2.  No  person,  corporation,  partnership, limited liability company,
     8  firm or any other business entity doing business within this state shall
     9  sell or offer for sale a whipped cream charger to any person  under  the
    10  age of twenty-one.
    11    3.  Any  person,  corporation, partnership, limited liability company,
    12  firm, or other business entity doing business within the state  selling,
    13  offering  for sale, or distributing whipped cream chargers shall require
    14  proof of legal age prior  to  allowing  an  individual  to  purchase  or
    15  receive  a  shipment of whipped cream chargers. Such identification need
    16  not be required of any individual who reasonably appears to be at  least
    17  twenty-five  years of age, provided, however, that such appearance shall
    18  not constitute a defense in any proceeding alleging the sale or distrib-
    19  ution of whipped cream chargers to an individual under twenty-one  years
    20  of age.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04117-03-1
        S. 2819--A                          2

     1    4.  Any  person,  corporation, partnership, limited liability company,
     2  firm or any other business entity that violates the provisions  of  this
     3  section shall be subject to a civil penalty of not more than two hundred
     4  fifty  dollars  for  an  initial  offense and not more than five hundred
     5  dollars for the second and each subsequent offense.
     6    §  2.  This  act shall take effect on the thirtieth day after it shall
     7  have become a law.