Bill Text: NY S05591 | 2009-2010 | General Assembly | Amended
Bill Title: Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-27 - PRINT NUMBER 5591B [S05591 Detail]
Download: New_York-2009-S05591-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5591--B
2009-2010 Regular Sessions
I N S E N A T E
May 20, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to restricting
access to ipecac syrup
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-q to read as follows:
3 S 391-Q. RESTRICTED ACCESS TO RETAIL SALE OF IPECAC. 1. ANY RETAIL
4 ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE ONLY
5 ACTIVE INGREDIENT IPECAC, SHALL LIMIT ACCESS TO SUCH PRODUCTS IN A
6 MANNER DESIGNED TO PREVENT THE MISUSE OR ABUSE OF SUCH PRODUCTS. SUCH
7 LIMITATIONS SHALL INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND OTHER
8 LOCATIONS THAT ARE DIRECTLY ACCESSIBLE BY CUSTOMERS, AND PLACING SUCH
9 PRODUCTS BEHIND A PHARMACY COUNTER SO THAT A CONSUMER MUST REQUEST SUCH
10 PRODUCTS IN ORDER TO OBTAIN SUCH PRODUCTS FROM AN EMPLOYEE WORKING IN
11 THE PHARMACY. IF THE RETAIL ESTABLISHMENT WISHES TO SELL SUCH PRODUCTS
12 BUT DOES NOT MAINTAIN A PHARMACY AT THAT RETAIL LOCATION, SUCH PRODUCTS
13 SHALL BE MADE SECURE SUCH THAT THEY MAY ONLY BE ACCESSED BY A MANAGER,
14 ASSISTANT MANAGER, ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH
15 LOCATION.
16 2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR
17 THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING IPECAC
18 AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO, PHARMA-
19 CIES, GROCERY STORES, AND OTHER RETAIL STORES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02856-05-0
S. 5591--B 2
1 S 2. This act shall take effect immediately; provided, however, that
2 the rules and regulations necessary to implement section one of this act
3 shall be promulgated and take effect on or before the one hundred eight-
4 ieth day after this act shall have become a law.
