Bill Text: NY S05185 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of high purity sodium nitrite to persons under the age of 21 and without proof of the intended use for institutional or scientific purposes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S05185 Detail]

Download: New_York-2023-S05185-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5185

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 27, 2023
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of high purity sodium nitrite

          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 sodium nitrite. 1. For purposes of this section,  the
     4  term  "sodium nitrite" shall mean a substance containing a concentration
     5  that is greater than 6.25% pure sodium nitrite.
     6    2. No person, corporation,  partnership,  limited  liability  company,
     7  firm, online platform, or any other business entity doing business with-
     8  in  this  state shall sell, offer for sale, or deliver sodium nitrite to
     9  individuals without proof of  its  intended  use  for  institutional  or
    10  scientific purposes.
    11    3.  No  person,  corporation,  partnership, limited liability company,
    12  firm, online platform, or other business entity  doing  business  within
    13  this  state  shall  sell,  offer  for sale, or deliver sodium nitrite to
    14  individuals under the age of twenty-one.
    15    4. Any person, corporation, partnership,  limited  liability  company,
    16  firm,  online  platform  or  other business entity doing business within
    17  this state which sells, offers for sale, or distributes  sodium  nitrite
    18  shall  require  and retain sales records, proof of age, and proof of use
    19  from all purchasers.
    20    5. Any individual harmed by a violation of this section shall  have  a
    21  private  right  of  action for compensatory and actual damages, punitive
    22  damages, attorneys' fees and costs.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02540-01-3