S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3267
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- 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-u to read as follows:
   § 391-U. 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  ADMIN-
 ISTRATION.
   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.
                                                            LBD08203-01-7
              

 A. 3267                             2
 
 SALVIA DIVINORUM, DID NOT HAVE KNOWLEDGE THAT IT WAS  SALVIA  DIVINORUM,
 IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.