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A09017 Summary:

BILL NOA09017
 
SAME ASSAME AS S08156
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Amd §3380, Pub Health L; add §399-hhhh, Gen Bus L
 
Prohibits the sale of certain hazardous inhalants to persons under the age of twenty-one.
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A09017 Actions:

BILL NOA09017
 
02/05/2024referred to health
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A09017 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9017
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the public health law and the general business law, in relation to prohibiting the sale of certain hazardous inhalants to persons under the age of twenty-one   PURPOSE: To prohibit young people from purchasing dangerous and addictive substances, and to discourage use into later adulthood.   SUMMARY OF PROVISIONS: Section 1. Amends paragraph (b) of subdivision 1 and subdivision 4 of section 338o of the public health law, as amended by chapter 234 of the laws of 1985. Section 2. Amends the general business law to add a new section 399-hhhh. Section 3. Sets the effective date.   JUSTIFICATION: According to the FDA, nitrite products or, more commonly, "poppers," often contain chemicals such as amyl nitrite, which are typically found in prescription medications. However, because "poppers" are often marketed as nail polish remover or a cleaning product and thus "not for human consumption," an individual of any age can purchase them readily at corner stores, convenience stores, and adult novelty stores. When inhaled or huffed, as they typically are, "poppers" can cause skin damage, extreme blood pressure drops, seizures, coma, and even death. A product with such great dangers should not be able to be attained by our young and vulnerable, who similarly cannot purchase alcohol, ciga- rettes, and many more substances. Moreover, by keeping it out of the hands of young people, we discourage later adult use, as research shows across substances that addiction potential is greatest when use begins early.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A09017 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9017
 
                   IN ASSEMBLY
 
                                    February 5, 2024
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law and the general business  law,  in
          relation  to  prohibiting  the  sale of certain hazardous inhalants 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:

     1    Section 1. Paragraph (b) of subdivision 1 and subdivision 4 of section
     2  3380  of the public health law, as amended by chapter 234 of the laws of
     3  1985, are amended to read as follows:
     4    (b) As used in this section hazardous inhalants shall mean and include
     5  any of the preparations of compounds containing one or more of the chem-
     6  ical compounds; amyl nitrite, isoamyl nitrite, butyl  nitrite,  isobutyl
     7  nitrite,  pentyl nitrite or any other [akyl] alkyl nitrite compound that
     8  is either designed to be used, or commonly used, as an inhalant.
     9    4. No person shall sell, or offer to sell, to  any  other  person  any
    10  tube  or other container of any hazardous inhalants or glue containing a
    11  solvent having the property of releasing toxic vapors or fumes:
    12    (a) if he has knowledge that the product sold, or  offered  for  sale,
    13  will  be  used  for  the  purpose  set  forth in subdivision two of this
    14  section; or
    15    (b) unless there has been added to such glue a sufficient quantity  of
    16  an  additive, approved by the commission, which shall act as a deterrent
    17  to inhalation, and not be harmful or  toxic  to  the  human  body.  This
    18  provision  shall  not  apply to hazardous inhalants or glue manufactured
    19  and sold for industrial use; or
    20    (c) where such other person is under  the  age  of  twenty-one  years;
    21  provided, however, that this paragraph shall not apply to the inhalation
    22  of  any  anesthesia  or inhalant for medical or dental purposes or where
    23  permitted under paragraph (b) of this subdivision.
    24    § 2. The general business law is amended by adding a new section  399-
    25  hhhh to read as follows:
    26    §  399-hhhh.  Sale  of hazardous inhalants. 1. No person, corporation,
    27  partnership,   limited liability company, firm  or  any  other  business
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13189-04-4

        A. 9017                             2
 
     1  entity  doing  business  within  this state shall sell or offer for sale
     2  hazardous inhalants as defined by section thirty-three hundred eighty of
     3  the public health law, except where permitted by such  section,  to  any
     4  person  under  the  age  of twenty-one.
     5    2.  Any  person,  corporation, partnership, limited liability company,
     6  firm, or any other business entity doing business within the state sell-
     7  ing, offering  for  sale,  or  distributing  hazardous  inhalants  shall
     8  require  proof  of  legal age prior   to   allowing   an  individual  to
     9  purchase or receive a shipment of hazardous inhalants. Such  identifica-
    10  tion    shall not  be  required of any individual who reasonably appears
    11  to be at least thirty years of age, provided, however, that such appear-
    12  ance shall not constitute a defense in any proceeding alleging the  sale
    13  or distribution of hazardous inhalants to an individual under twenty-one
    14  years of age.
    15    3.  Any  person,  corporation, partnership, limited liability company,
    16  firm or any other business entity that violates the provisions of   this
    17  section shall be subject to a civil penalty of not more than two hundred
    18  fifty  dollars  for  an  initial  offense and not more than five hundred
    19  dollars  for the  second  and  each  subsequent  offense, provided  this
    20  section  shall  not  be  construed  to limit any other criminal or civil
    21  liability  such  person,  corporation,  partnership, limited   liability
    22  company, firm or other business entity may be subject to under law.
    23    §  3.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.
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