Bill Text: NY S08042 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the sale of certain products for human consumption; provides that the restriction on the sale or offer for sale of sodium nitrate or sodium nitrite to any person under the age of twenty-one shall not apply to foods containing sodium nitrate or sodium nitrite in compliance with the requirements of certain federal regulations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-31 - SUBSTITUTED BY A8570 [S08042 Detail]

Download: New_York-2023-S08042-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8042

                    IN SENATE

                                     January 5, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        AN ACT to amend the general business law, in relation  to  the  sale  of
          certain products for human consumption

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Sections 391-o, 391-r, 391-s, as added by  chapter  357  of
     2  the  laws of 2013, and 399-hh of the general business law are renumbered
     3  sections 831, 832, 833 and 834, respectively, and are designated article
     4  38-B and a new article heading is added to read as follows:
     5                      PRODUCTS SOLD FOR HUMAN CONSUMPTION
     6    § 2. Section 399-hhh of the general business law, as added by a  chap-
     7  ter  of  the  laws of 2023 amending the general business law relating to
     8  prohibiting the sale of sodium nitrate and sodium nitrite to any  person
     9  under the age of twenty-one, as proposed in legislative bills numbers S.
    10  582  and  A.  6798,  is  renumbered  section  830 and amended to read as
    11  follows:
    12    § 830. Sale of sodium nitrate and  sodium  nitrite.    1.  No  person,
    13  corporation,  partnership,  limited liability company, firm or any other
    14  business entity doing business within this state shall sell or offer for
    15  sale sodium nitrate or sodium nitrite to any person  under  the  age  of
    16  twenty-one.  This restriction shall not apply to foods containing sodium
    17  nitrate or sodium nitrite in compliance with the requirements of  9  CFR
    18  Part 424 or 21 CFR Part 172.
    19    2.  Any  person,  corporation, partnership, limited liability company,
    20  firm, or any other business entity doing business within the state sell-
    21  ing, offering  for  sale,  or  distributing  sodium  nitrate  or  sodium
    22  nitrite,  except  as permitted by subdivision one of this section, shall
    23  require proof of legal age prior to allowing an individual  to  purchase
    24  or  receive  a  shipment of sodium nitrate or sodium nitrite. Such iden-
    25  tification need not be required of any individual who reasonably appears
    26  to be at least thirty years of age, provided, however, that such appear-
    27  ance shall not constitute a defense in any proceeding alleging the  sale

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02657-02-4
        S. 8042                             2

     1  or  distribution  of  sodium  nitrate or sodium nitrite to an individual
     2  under twenty-one years of age.
     3    3.  Any  person,  corporation, partnership, limited liability company,
     4  firm or any other business entity that violates the provisions  of  this
     5  section shall be subject to a civil penalty of not more than two hundred
     6  fifty  dollars  for  an  initial  offense and not more than five hundred
     7  dollars for the  second  and  each  subsequent  offense,  provided  this
     8  section  shall  not  be  construed  to limit any other criminal or civil
     9  liability  such  person,  corporation,  partnership,  limited  liability
    10  company, firm or other business entity may be subject to under law.
    11    §  3.  This  act  shall  take  effect on the same date and in the same
    12  manner as a chapter of the laws of 2023 amending  the  general  business
    13  law  relating  to  prohibiting  the  sale  of  sodium nitrate and sodium
    14  nitrite to any person under the age of twenty-one, as proposed in legis-
    15  lative bills numbers S. 582 and A. 6798, takes effect.