S T A T E   O F   N E W   Y O R K
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           S. 3466                                                  A. 7039

                              2009-2010 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                    March 19, 2009
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed  to  be committed to the Committee on Consumer
         Protection

       IN ASSEMBLY -- Introduced by M. of A. ALESSI -- read once  and  referred
         to the Committee on Environmental Conservation

       AN ACT to amend the general business law, in relation to prohibiting the
         sale of carolina fanwort

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The general business law is amended by adding a new section
    2  399-tt to read as follows:
    3    S 399-TT. SALE OF CAROLINA FANWORT PROHIBITED. 1. FOR PURPOSES OF THIS
    4  SECTION, "CAROLINA FANWORT" MEANS A WEEDY OR INVASIVE PLANT AND IS KNOWN
    5  SCIENTIFICALLY AS CABOMBA CAROLINIANA GREY.
    6    2. NO PERSON, CORPORATION, PARTNERSHIP OR  LIMITED  LIABILITY  COMPANY
    7  SHALL KNOWINGLY SELL OR OFFER FOR SALE CAROLINA FANWORT.
    8    3.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
    9  PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. A  VIOLATION
   10  OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN PREVIOUSLY CONVICTED
   11  OF SUCH AN OFFENSE WITHIN THE PREVIOUS FIVE YEARS SHALL BE PUNISHABLE BY
   12  A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS.
   13    S 2. This act shall take effect immediately.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06091-01-9