Bill Text: NY A06506 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the knowing sale of xylazine to persons under the age of 21 and without proof of the intended use for institutional, veterinary, or scientific purposes.

Spectrum: Slight Partisan Bill (Democrat 24-8)

Status: (Engrossed) 2024-05-28 - RECOMMITTED TO CONSUMER PROTECTION [A06506 Detail]

Download: New_York-2023-A06506-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6506--B
                                                                Cal. No. 186

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 12, 2023
                                       ___________

        Introduced  by  M.  of  A.  TAPIA,  ZACCARO,  ALVAREZ, LAVINE, RAJKUMAR,
          DE LOS SANTOS, SIMONE, REYES, SOLAGES, DICKENS, RIVERA, RAMOS, ARDILA,
          BUTTENSCHON, FORREST, SHIMSKY, LUCAS, CUNNINGHAM, CRUZ, SIMON, SAYEGH,
          EPSTEIN,  BICHOTTE HERMELYN,  BORES,  TANNOUSIS,   REILLY,   K. BROWN,
          BLUMENCRANZ,  CHANG,  J. A. GIGLIO,  PIROZZOLO, DeSTEFANO -- read once
          and referred to the Committee on Consumer Affairs  and  Protection  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- ordered to a third reading -- advanced to a third
          reading, passed by Assembly and delivered to the Senate, recalled from
          the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
          retaining its place on the order of third reading

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of xylazine

          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  392-k to read as follows:
     3    § 392-k. Sale of xylazine. 1. For purposes of this section,  the  term
     4  "xylazine"  shall  mean  a  pharmaceutical drug used for sedation, anes-
     5  thesia, muscle relaxation, and analgesia  in  animals  such  as  horses,
     6  cattle, and other non-human mammals.
     7    2.  No  corporation,  partnership,  limited  liability  company, firm,
     8  online platform, or any other business entity doing business within this
     9  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    10  viduals without proof of its intended use for institutional, veterinary,
    11  or scientific purposes.
    12    3. No  corporation,  partnership,  limited  liability  company,  firm,
    13  online  platform,  or  other  business entity doing business within this
    14  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    15  viduals under the age of twenty-one.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10463-07-4
        A. 6506--B                          2

     1    4. Any corporation,  partnership,  limited  liability  company,  firm,
     2  online  platform  or  other  business  entity doing business within this
     3  state which knowingly sells, offers for sale, or  distributes  xylazine,
     4  shall  require  and retain sales records, proof of age, and proof of use
     5  from all purchasers.
     6    5.  Any  corporation,  partnership,  limited  liability company, firm,
     7  online platform, or other business entity  doing  business  within  this
     8  state that violates the provisions of this section by knowingly selling,
     9  offering  for  sale,  or delivering xylazine shall be subject to a civil
    10  penalty of not more than three thousand dollars for a  first  violation,
    11  and  sixty-five hundred dollars for each subsequent violation, recovera-
    12  ble in an action by the attorney general of the state of New York.   All
    13  funds  collected  or  received by the state from civil penalties imposed
    14  under this section shall be deposited in the New York state drug  treat-
    15  ment  and  public education fund established pursuant to section ninety-
    16  nine-jj of the state finance law.
    17    § 2. This act shall take effect immediately.