Senate Bill S3229

2009-2010 Legislative Session

Prohibits the sale of salvia divinorum to persons in New York state

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S3229 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Add ยง391-q, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1833
2013-2014: S1454

2009-S3229 (ACTIVE) - Summary

Prohibits the sale of salvia divinorum to persons in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

2009-S3229 (ACTIVE) - Sponsor Memo

2009-S3229 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3229

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, DeFRANCISCO, O. JOHNSON, MORAHAN -- 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 salvia divinorum to persons in New York state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S 391-Q. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM,
CORPORATION, PARTNERSHIP, ASSOCIATION,  LIMITED  LIABILITY  COMPANY,  OR
OTHER  ENTITY  SHALL  SELL  OR  OFFER  TO SELL OR GIVE AWAY, AS EITHER A
RETAIL OR WHOLESALE  PROMOTION,  SALVIA  DIVINORUM,  COMMONLY  KNOWN  AS
SALVIA  WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION THREE
OF THIS SECTION.
  2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL  MEAN
THE  HERB  FREQUENTLY  REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S
SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE.
  3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.
  4. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A  RETAIL
OR  WHOLESALE  PROMOTION  SALVIA  DIVINORUM, SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE
IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
OR POLITICAL SUBDIVISION.
  5. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION,  PARTNER-
SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,
OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06503-01-9
              

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