Assembly Bill A372

Signed By Governor
2011-2012 Legislative Session

Restricts retail sale of ipecac syrup to behind the pharmacy counter or under manager control

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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2011-A372 (ACTIVE) - Details

See Senate Version of this Bill:
S3102
Law Section:
Education Law
Laws Affected:
Add ยง391-r, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A544, S5591

2011-A372 (ACTIVE) - Summary

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

2011-A372 (ACTIVE) - Bill Text download pdf 

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

                                   372

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. HOYT, BURLING -- Multi-Sponsored by -- M. of A.
  GALEF, HIKIND, WEISENBERG -- read once and referred to  the  Committee
  on Health

AN  ACT  to  amend  the general business law, in relation to restricting
  access to ipecac syrup

  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-r to read as follows:
  S  391-R.  RESTRICTED  ACCESS TO RETAIL SALE OF IPECAC.  1. ANY RETAIL
ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE  ONLY
ACTIVE  INGREDIENT  IPECAC,  SHALL  LIMIT  ACCESS  TO SUCH PRODUCTS IN A
MANNER DESIGNED TO PREVENT THE MISUSE OR ABUSE OF  SUCH  PRODUCTS.  SUCH
LIMITATIONS  SHALL INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND OTHER
LOCATIONS THAT ARE DIRECTLY ACCESSIBLE BY CUSTOMERS,  AND  PLACING  SUCH
PRODUCTS  BEHIND A PHARMACY COUNTER SO THAT A CONSUMER MUST REQUEST SUCH
PRODUCTS IN ORDER TO OBTAIN SUCH PRODUCTS FROM AN  EMPLOYEE  WORKING  IN
THE  PHARMACY.  IF THE RETAIL ESTABLISHMENT WISHES TO SELL SUCH PRODUCTS
BUT DOES NOT MAINTAIN A PHARMACY AT THAT RETAIL LOCATION, SUCH  PRODUCTS
SHALL  BE  MADE SECURE SUCH THAT THEY MAY ONLY BE ACCESSED BY A MANAGER,
ASSISTANT MANAGER, ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH
LOCATION.
  2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS  EVERY  VENDOR
THAT  IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING IPECAC
AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO,  PHARMA-
CIES, GROCERY STORES, AND OTHER RETAIL STORES.
  S  2.  This act shall take effect immediately; provided, however, that
the rules and regulations necessary to implement section one of this act
shall be promulgated and take effect on or before the one hundred eight-
ieth day after this act shall have become a law.

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

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