Assembly Bill A933B

Signed By Governor
2013-2014 Legislative Session

Restricts retail sale of dextromethorphan, commonly known as DXM

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S696 - 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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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A933 - Details

See Senate Version of this Bill:
S696
Law Section:
Education Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6085

2013-A933 - Summary

Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to prohibit the sale of such products to persons under the age of eighteen without a valid prescription; requires establishments to require proof of legal age for purchase of such products.

2013-A933 - Bill Text download pdf 

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

                                   933

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. JAFFEE, GRAF, ROBERTS, ZEBROWSKI, BOYLAND, WEPRIN
  --  Multi-Sponsored  by  --  M.  of  A. ABINANTI, BRAUNSTEIN, CERETTO,
  FINCH, GIBSON, LOSQUADRO, MARKEY -- read  once  and  referred  to  the
  Committee on Higher Education

AN  ACT to amend the education law, in relation to restricting access to
  dextromethorphan, commonly known as "dxm"

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

  Section 1. The education law is amended by adding a new section 6811-c
to read as follows:
  S  6811-C.    RESTRICTED  ACCESS  TO  RETAIL SALE OF DEXTROMETHORPHAN,
COMMONLY KNOWN AS "DXM". 1.  ANY RETAIL ESTABLISHMENT OFFERING FOR  SALE
ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR-
PHAN,  SHALL PLACE SUCH PRODUCT IN A LOCATION SUCH THAT CUSTOMERS DO NOT
HAVE DIRECT ACCESS TO THE PRODUCT BEFORE THE SALE IS MADE, INCLUDING BUT
NOT LIMITED TO BEHIND-THE-COUNTER PLACEMENT.
  2.  ANY PERSON EIGHTEEN YEARS OF AGE OR YOUNGER  SHALL  BE  PROHIBITED
FROM  PURCHASING  PRODUCTS  CONTAINING  DEXTROMETHORPHAN, WHERE IT IS AN
ACTIVE INGREDIENT IN THE PRODUCT.
  3. THE SELLER SHALL DELIVER THE PRODUCT DIRECTLY INTO THE  CUSTODY  OF
THE PURCHASER UPON SHOWING STATE OR FEDERAL IDENTIFICATION.
  4.  THE  SELLER  SHALL MAINTAIN, IN ACCORDANCE WITH CRITERIA ISSUED BY
THE COMMISSIONER, A WRITTEN OR ELECTRONIC LIST OF SUCH SALES THAT  IDEN-
TIFIES THE PRODUCT PURCHASED, THE QUANTITY SOLD, THE NAMES AND ADDRESSES
OF PURCHASERS, AND THE DATES AND TIMES OF THE SALE.
  S  2.  This act shall take effect immediately; provided, however, that
the rules and regulations necessary to implement the provisions of  this
act  shall  be  promulgated and take effect on or before the one hundred
eightieth 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.
                                                           LBD02648-01-3

co-Sponsors

multi-Sponsors

2013-A933A - Details

See Senate Version of this Bill:
S696
Law Section:
Education Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6085

2013-A933A - Summary

Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to prohibit the sale of such products to persons under the age of eighteen without a valid prescription; requires establishments to require proof of legal age for purchase of such products.

2013-A933A - Bill Text download pdf 

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

                                 933--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  GRAF,  ROBERTS, ZEBROWSKI, BOYLAND,
  WEPRIN, GUNTHER, AUBRY, SCHIMEL -- Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  ARROYO, BRAUNSTEIN, CERETTO, CLARK, COOK, FINCH, GABRYSZAK,
  GIBSON, MARKEY, PERRY, ROBINSON, TITONE, WEISENBERG -- read  once  and
  referred to the Committee on Higher Education -- committee discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the general business law,  in  relation  to  restricting
  access to dextromethorphan, commonly known as "dxm"

  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-s to read as follows:
  S 391-S.   RESTRICTED  ACCESS  TO  RETAIL  SALE  OF  DEXTROMETHORPHAN,
COMMONLY  KNOWN  AS "DXM". 1.  NO RETAIL ESTABLISHMENT OFFERING FOR SALE
ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR-
PHAN, SHALL PERMIT THE SALE OF SUCH PRODUCTS TO PERSONS UNDER THE AGE OF
EIGHTEEN. RETAIL ESTABLISHMENTS SHALL REQUIRE PROOF  OF  LEGAL  AGE  FOR
PURCHASE  OF SUCH PRODUCTS.  ANY RETAIL ESTABLISHMENT WHICH VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A  FINE  OF  TWO  HUNDRED
FIFTY DOLLARS FOR EACH SUCH VIOLATION.
  2.  THIS SECTION SHALL SUPERSEDE ANY LOCAL LAWS OR ORDINANCES REGULAT-
ING THE SALES OF PRODUCTS CONTAINING DEXTROMETHORPHAN.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02648-12-3

co-Sponsors

multi-Sponsors

2013-A933B (ACTIVE) - Details

See Senate Version of this Bill:
S696
Law Section:
Education Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6085

2013-A933B (ACTIVE) - Summary

Directs any retail establishment that sells any product or products containing as an active ingredient dextromethorphan, to prohibit the sale of such products to persons under the age of eighteen without a valid prescription; requires establishments to require proof of legal age for purchase of such products.

2013-A933B (ACTIVE) - Bill Text download pdf 

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

                                 933--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  GRAF,  ROBERTS, ZEBROWSKI, BOYLAND,
  WEPRIN, GUNTHER, AUBRY, SCHIMEL -- Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  ARROYO, BRAUNSTEIN, CERETTO, CLARK, COOK, FINCH, GABRYSZAK,
  GIBSON, MARKEY, PERRY, ROBINSON, TITONE, WEISENBERG -- read  once  and
  referred to the Committee on Higher Education -- committee discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reference changed to the Committee  on  Consumer  Affairs
  and   Protection   --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law,  in  relation  to  restricting
  access to dextromethorphan, commonly known as "dxm"

  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-s to read as follows:
  S 391-S.   RESTRICTED  ACCESS  TO  RETAIL  SALE  OF  DEXTROMETHORPHAN,
COMMONLY  KNOWN  AS "DXM". 1.  NO RETAIL ESTABLISHMENT OFFERING FOR SALE
ANY PRODUCT OR PRODUCTS CONTAINING AS AN ACTIVE INGREDIENT DEXTROMETHOR-
PHAN, SHALL PERMIT THE SALE OF SUCH PRODUCTS TO PERSONS UNDER THE AGE OF
EIGHTEEN WITHOUT  A  VALID  PRESCRIPTION.  RETAIL  ESTABLISHMENTS  SHALL
REQUIRE  PROOF  OF  LEGAL AGE FOR PURCHASE OF SUCH PRODUCTS.  SUCH IDEN-
TIFICATION NEED NOT BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS
TO BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED,  HOWEVER,  THAT  SUCH
APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE
SALE  OF  ANY  PRODUCT  OR  PRODUCTS  CONTAINING AS AN ACTIVE INGREDIENT
DEXTROMETHORPHAN TO AN INDIVIDUAL UNDER EIGHTEEN  YEARS  OF  AGE.    ANY
RETAIL ESTABLISHMENT WHICH VIOLATES THE PROVISIONS OF THIS SECTION SHALL
BE  SUBJECT  TO  A  FINE  OF  TWO  HUNDRED  FIFTY  DOLLARS FOR EACH SUCH
VIOLATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02648-16-3

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