BILL NUMBER: S4797

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of dry ice to individuals under eighteen years of age

 
PURPOSE:

This legislation would help prevent under aged undetectable alcohol
intoxication absent consumption with the use of dry ice.

 
SUMMARY OF PROVISIONS: Section 1:

a. Adding § 399-hh to the general business law to prohibit any person or
business entity from knowingly selling dry ice to any person under the
age of 21.

b. To provide for civil penalty for the violation(s) for the above.

              

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

Today, there is a trending phenomenon with dry ice, it is alcohol being
heated then poured onto dry ice allowing for the alcohol vapors to be
inhaled and getting into the blood stream almost, instantly.  The yield-
ing effect is alcohol goes straight to the brain.

There are several health threats such as damage to the nasal passages
and lungs; enabling a person to achieve fatal alcohol poisoning more
rapidly and without warning; and death. Since the alcohol reaches the
brain faster, intoxication isn't felt as quickly, and does not allow for
the liver to detoxify the alcohol as it does when consumed with drink-
ing. Vaping' misleads a person to feel sober when they are not and their
body neurologically becomes impaired the same as when alcohol is drank.

Alcohol abuse is a public health crisis; especially among under aged
drinkers. According to the Center for Disease Control and Prevention,
alcohol is the most commonly used drug among youth (2007). Under aged
drinking cost New York State over $3.1 billion in 2013(Pacific Research
Institute); an increase from $2.3 billion in 2005. Those who drink under
the legal age are more likely to become heavy drinkers.

According to the National Institute on Alcohol and Alcohol Abuse
(NIAAA), 5000 people annually under the age of 21 die due to alcohol;
with 1900 of these in motor vehicle crashes.

With this new phenomenon of consuming alcohol being viewed as fun and
trendy while coupled with the misconception of not get to being able to
get drunk when smoked, the issues from the dangers of 17451h4 are sure
to increase. This is sure to compound all other dangers and issues of
under aged drinking. Ages 12-20 are reported to have consumed 11% of all
alcohol consumed in the United States for 2015 (NIAAA).

This may be viewed as a drastic measure for a commonly used item used
for simplistic purposes, however, this is similar to implementing legis-
lature signed requiring a person to be at least 18 years of age with
proper identification to purchase household items such as certain glues
and spray paints; as well as common over-the-counter medications. Smok-
ing alcohol with the use of dry ice is something that must be proactive-
ly addressed for the safety of the public, especially those under the
legal age of drinking.

 
LEGISLATIVE HISTORY:

2019-20: 5.4559 - Referred to Consumer Protection

2017-18: S.8098A - Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.