S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1248--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. TAPIA, ZACCARO, ALVAREZ, LAVINE, DE LOS SANTOS,
   SIMONE, FORREST, SHIMSKY,  LUCAS,  CUNNINGHAM,  CRUZ,  SIMON,  SAYEGH,
   EPSTEIN, BICHOTTE HERMELYN, BORES, K. BROWN, CHANG, GIGLIO, PIROZZOLO,
   DeSTEFANO,  PHEFFER AMATO,  WEPRIN  --  read  once and referred to the
   Committee on Consumer Affairs and Protection -- reported and  referred
   to the Committee on Codes -- reported and referred to the Committee on
   Ways   and  Means  --  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 xylazine above a certain weight
 
   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
 392-k to read as follows:
   §  392-K.  SALE OF XYLAZINE. 1. FOR PURPOSES OF THIS SECTION, THE TERM
 "XYLAZINE" SHALL MEAN A PHARMACEUTICAL DRUG  USED  FOR  SEDATION,  ANES-
 THESIA,  MUSCLE  RELAXATION,  AND  ANALGESIA  IN ANIMALS SUCH AS HORSES,
 CATTLE, AND OTHER NON-HUMAN MAMMALS.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO THE SALE,  OFFER
 FOR  SALE,  DELIVERY, OR DISTRIBUTION OF XYLAZINE IN QUANTITIES OF FIFTY
 GRAMS OR MORE.
   3. NO  CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  FIRM,
 ONLINE PLATFORM, OR ANY OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THIS
 STATE  SHALL  KNOWINGLY  SELL, OFFER FOR SALE, OR DELIVER FIFTY GRAMS OR
 MORE OF XYLAZINE TO INDIVIDUALS WITHOUT PROOF OF ITS  INTENDED  USE  FOR
 INSTITUTIONAL, VETERINARY, OR SCIENTIFIC PURPOSES.
   4.  NO  CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY, FIRM,
 ONLINE PLATFORM, OR OTHER BUSINESS ENTITY  DOING  BUSINESS  WITHIN  THIS
 STATE  SHALL  KNOWINGLY  SELL, OFFER FOR SALE, OR DELIVER FIFTY GRAMS OR
 MORE OF XYLAZINE TO INDIVIDUALS UNDER THE AGE OF TWENTY-ONE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02623-04-5
 A. 1248--A                          2
              

 
   5. ANY CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  FIRM,
 ONLINE  PLATFORM,  OR  OTHER  BUSINESS ENTITY DOING BUSINESS WITHIN THIS
 STATE WHICH KNOWINGLY SELLS, OFFERS FOR SALE, OR DISTRIBUTES FIFTY GRAMS
 OR MORE OF XYLAZINE, SHALL REQUIRE AND RETAIN SALES  RECORDS,  PROOF  OF
 AGE, AND PROOF OF USE FROM ALL PURCHASERS.
   6.  ANY  CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY COMPANY, FIRM,
 ONLINE PLATFORM, OR OTHER BUSINESS ENTITY  DOING  BUSINESS  WITHIN  THIS
 STATE THAT VIOLATES THE PROVISIONS OF THIS SECTION BY KNOWINGLY SELLING,
 OFFERING  FOR  SALE, OR DELIVERING FIFTY GRAMS OR MORE OF XYLAZINE SHALL
 BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN  THREE  THOUSAND  DOLLARS
 FOR  A  FIRST  VIOLATION, AND SIXTY-FIVE HUNDRED DOLLARS FOR EACH SUBSE-
 QUENT VIOLATION, RECOVERABLE IN AN ACTION BY THE ATTORNEY GENERAL OF THE
 STATE OF NEW YORK.  ALL FUNDS COLLECTED OR RECEIVED BY  THE  STATE  FROM
 CIVIL PENALTIES IMPOSED UNDER THIS SECTION SHALL BE DEPOSITED IN THE NEW
 YORK STATE DRUG TREATMENT AND PUBLIC EDUCATION FUND ESTABLISHED PURSUANT
 TO SECTION NINETY-NINE-JJ OF THE STATE FINANCE LAW.
   § 2. This act shall take effect immediately.