Bill Text: NY A05491 | 2011-2012 | General Assembly | Amended

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Bill Title: Prohibits the sale of salvia divinorum to persons under 18 years of age in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

Spectrum: Moderate Partisan Bill (Democrat 28-9)

Status: (Engrossed - Dead) 2012-02-07 - REFERRED TO CODES [A05491 Detail]

Download: New_York-2011-A05491-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5491--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2011
                                      ___________
       Introduced  by  M. of A. P. RIVERA, DenDEKKER, ZEBROWSKI, JAFFEE, RAMOS,
         STEVENSON,  WEISENBERG,  MAISEL,  SPANO,  REILLY,  M. MILLER,  TITONE,
         ROBERTS, MARKEY, LINARES, BUTLER, FINCH -- Multi-Sponsored by -- M. of
         A.  BOYLAND,  BRENNAN,  BURLING, CALHOUN, CERETTO, CORWIN, CYMBROWITZ,
         DINOWITZ, GABRYSZAK, GIBSON, GUNTHER, KATZ, LIFTON, McDONOUGH,  McENE-
         NY,  OAKS,  PEOPLES-STOKES,  PERRY, PHEFFER, ROBINSON -- read once and
         referred  to  the  Committee  on  Economic  Development  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the general business law, in relation to prohibiting the
         sale of salvia divinorum to persons under eighteen years of age in New
         York state
         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-r to read as follows:
    3    S 391-R. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM,
    4  CORPORATION, PARTNERSHIP, ASSOCIATION,  LIMITED  LIABILITY  COMPANY,  OR
    5  OTHER  ENTITY  SHALL  SELL  OR  OFFER  TO SELL OR GIVE AWAY, AS EITHER A
    6  RETAIL OR WHOLESALE  PROMOTION,  SALVIA  DIVINORUM,  COMMONLY  KNOWN  AS
    7  SALVIA  WITHIN  NEW  YORK  STATE,  TO A PERSON UNDER THE AGE OF EIGHTEEN
    8  EXCEPT AS AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION.
    9    2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL  MEAN
   10  THE  HERB  FREQUENTLY  REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S
   11  SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE.
   12    3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
   13  OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
   14  DRUG ADMINISTRATION.
   15    4. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
   16  LIABILITY  COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
   17  SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A  RETAIL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06204-03-1
       A. 5491--A                          2
    1  OR  WHOLESALE  PROMOTION  SALVIA  DIVINORUM TO A PERSON UNDER THE AGE OF
    2  EIGHTEEN, SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  MORE  THAN  FIVE
    3  HUNDRED  DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCE-
    4  MENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION.
    5    5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
    6  SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,
    7  OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
    8  SALVIA DIVINORUM TO A PERSON UNDER EIGHTEEN YEARS OF AGE, DID  NOT  HAVE
    9  KNOWLEDGE  THAT  IT  WAS  SALVIA  DIVINORUM,  IF  SUCH KNOWLEDGE WAS NOT
   10  REASONABLY DISCOVERABLE.
   11    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   12  have become a law.