Bill Text: NY S05591 | 2009-2010 | General Assembly | Amended

New York Senate Bill 5591 (Prior Session Legislation)

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.