Prohibits the sale of mercury fever thermometers without a prescription from a health care practitioner or veterinarian; provides a violation of such provisions shall be subject to a civil fine of not more than $500.
STATE OF NEW YORK
________________________________________________________________________
6757
2015-2016 Regular Sessions
IN ASSEMBLY
April 1, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, COLTON -- Multi-Sponsored
by -- M. of A. GALEF -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the general business law, in relation to prohibiting the
sale and distribution of mercury fever thermometers
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
2 395-c to read as follows:
3 § 395-c. Sale or distribution of mercury thermometers; prohibited. 1.
4 For the purposes of this section, "mercury fever thermometer" shall mean
5 any thermometer used to measure human or animal body temperature, which
6 contains mercury or a mercury compound. Such term shall not include an
7 electronic thermometer with a battery containing mercury.
8 2. No person shall sell, offer to sell or expose for sale any mercury
9 fever thermometer.
10 3. The provisions of subdivision two of this section shall not apply
11 to the sale or provision of a mercury fever thermometer in accordance
12 with a prescription by:
13 (a) a health care practitioner licensed or registered pursuant to
14 title eight of the education law, acting within the lawful scope of his
15 or her practice, pursuant to the rules and regulations of the commis-
16 sioner of health; or
17 (b) a veterinarian pursuant to the rules and regulations of the
18 commissioner of agriculture and markets.
19 4. Any person who violates the provisions of subdivision two of this
20 section shall be subject to a civil penalty of not more than five
21 hundred dollars.
22 § 2. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law, provided that any rules and regulations
24 necessary to implement the provisions of this act on its effective date
25 are authorized and directed to be promulgated on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10124-01-5
