S T A T E   O F   N E W   Y O R K
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                                  7019

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2015
                               ___________

Introduced  by  M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. KATZ --
  read once and referred to the Committee on Economic Development

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-t to read as follows:
  S 391-T. 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.
                                                           LBD03496-01-5

              

A. 7019                             2

SALVIA DIVINORUM, DID NOT HAVE KNOWLEDGE THAT IT WAS  SALVIA  DIVINORUM,
IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.