Senate Bill S696B

Signed By Governor
2013-2014 Legislative Session

Restricts access to dextromethorphan, commonly known as DXM

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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Bill Amendments

2013-S696 - Details

See Assembly Version of this Bill:
A933
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6085

2013-S696 - 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-S696 - Sponsor Memo

2013-S696 - Bill Text download pdf 

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

                                   696

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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

2013-S696A - Details

See Assembly Version of this Bill:
A933
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6085

2013-S696A - 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-S696A - Sponsor Memo

2013-S696A - Bill Text download pdf 

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

                                 696--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  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.
                                                           LBD02648-13-3

co-Sponsors

2013-S696B (ACTIVE) - Details

See Assembly Version of this Bill:
A933
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6085

2013-S696B (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-S696B (ACTIVE) - Sponsor Memo

2013-S696B (ACTIVE) - Bill Text download pdf 

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

                                 696--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  BRESLIN, ESPAILLAT, MAZIARZ, PARKER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Higher  Education  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee discharged and said bill committed to the Committee
  on Rules -- 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.
  2.  AS  USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR
THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING DEXTRO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02648-17-3

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