Bill Text: NY A00753 | 2017-2018 | 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) 2018-01-03 - referred to economic development [A00753 Detail]

Download: New_York-2017-A00753-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           753
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A. M. G. 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.
                                                                   LBD03113-01-7