Assembly Bill A754A

2021-2022 Legislative Session

Prohibits the sale of whipped cream chargers to persons under the age of twenty-one

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Archive: Last Bill Status Via S2819 - Delivered to 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

2021-A754 - Details

See Senate Version of this Bill:
S2819
Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A7430, S5151

2021-A754 - Summary

Prohibits the sale of whipped cream chargers to persons under the age of twenty-one.

2021-A754 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    754
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of whipped cream chargers to persons under the age of twenty-one

   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
 399-hh to read as follows:
   §  399-HH.  SALE  OF  WHIPPED  CREAM CHARGERS. 1. FOR PURPOSES OF THIS
 SECTION, THE TERM "WHIPPED CREAM CHARGER" SHALL MEAN A STEEL CYLINDER OR
 CARTRIDGE FILLED WITH NITROUS OXIDE (N2O) THAT IS  USED  AS  A  WHIPPING
 AGENT  IN  A  WHIPPED  CREAM DISPENSER, AND IS COMMONLY REFERRED TO AS A
 WHIPPIT, WHIPPET, NOSSY, NANG, JOHNSON OR CHARGER.
   2. NO PERSON, CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 FIRM OR ANY OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THIS STATE SHALL
 SELL  OR  OFFER FOR SALE A WHIPPED CREAM CHARGER TO ANY PERSON UNDER THE
 AGE OF TWENTY-ONE.
   3. ANY PERSON, CORPORATION, PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 FIRM  OR  ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED
 FIFTY DOLLARS FOR AN INITIAL OFFENSE AND  NOT  MORE  THAN  FIVE  HUNDRED
 DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04117-01-1

2021-A754A (ACTIVE) - Details

See Senate Version of this Bill:
S2819
Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A7430, S5151

2021-A754A (ACTIVE) - Summary

Prohibits the sale of whipped cream chargers to persons under the age of twenty-one.

2021-A754A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  754--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred 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 prohibiting the
   sale of whipped cream chargers to persons under the age of twenty-one
 
   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
 399-hh to read as follows:
   §  399-HH.  SALE  OF  WHIPPED  CREAM CHARGERS. 1. FOR PURPOSES OF THIS
 SECTION, THE TERM "WHIPPED CREAM CHARGER" SHALL MEAN A STEEL CYLINDER OR
 CARTRIDGE FILLED WITH NITROUS OXIDE (N2O) THAT IS  USED  AS  A  WHIPPING
 AGENT IN A WHIPPED CREAM DISPENSER.
   2.  NO  PERSON,  CORPORATION,  PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM OR ANY OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THIS STATE SHALL
 SELL OR OFFER FOR SALE A WHIPPED CREAM CHARGER TO ANY PERSON  UNDER  THE
 AGE OF TWENTY-ONE.
   3.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM, OR OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THE STATE  SELLING,
 OFFERING  FOR SALE, OR DISTRIBUTING WHIPPED CREAM CHARGERS SHALL REQUIRE
 PROOF OF LEGAL AGE PRIOR  TO  ALLOWING  AN  INDIVIDUAL  TO  PURCHASE  OR
 RECEIVE  A  SHIPMENT OF WHIPPED CREAM CHARGERS. SUCH IDENTIFICATION 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 OR DISTRIB-
 UTION OF WHIPPED CREAM CHARGERS TO AN INDIVIDUAL UNDER TWENTY-ONE  YEARS
 OF AGE.
   4.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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