A08568 Summary:

BILL NOA08568A
 
SAME ASSAME AS S01833-A
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSRClark
 
Add S391-s, Gen Bus L
 
Prohibits the sale of salvia divinorum to persons under 18 years of age in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.
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A08568 Actions:

BILL NOA08568A
 
08/31/2011referred to economic development
01/04/2012referred to economic development
02/13/2012amend and recommit to economic development
02/13/2012print number 8568a
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A08568 Floor Votes:

There are no votes for this bill in this legislative session.
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A08568 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8568--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 31, 2011
                                       ___________
 
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Economic Development -- recommitted to the  Committee  on  Economic
          Development  in  accordance  with Assembly Rule 3, sec. 2 -- 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 salvia divinorum to persons in New York state
 
          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  391-s to read as follows:
     3    § 391-s. Sale or distribution of salvia divinorum. 1. No person, firm,
     4  corporation,  partnership,  association,  limited  liability company, or
     5  other entity shall sell or offer to sell  or  give  away,  as  either  a
     6  retail  or  wholesale  promotion,  salvia  divinorum,  commonly known as
     7  salvia within New York state, except as authorized by subdivision  three
     8  of this section.

     9    2.  For purposes of this section, the term salvia divinorum shall mean
    10  the herb frequently referred to as "Ska Maria  Pastora"  and  "Diviner's
    11  Sage" which is a perennial herb in the mint family that resembles sage.
    12    3.  Nothing  in  this section shall apply to nonprescription over-the-
    13  counter drugs approved or regulated by the federal food and drug  admin-
    14  istration.
    15    4.  Any  person,  firm, corporation, partnership, association, limited
    16  liability company, or other entity that violates the provisions of  this
    17  section  by selling, offering to sell, or giving away as either a retail
    18  or wholesale promotion salvia divinorum, shall be  subject  to  a  civil
    19  penalty of not more than five hundred dollars per violation, recoverable

    20  in an action by any enforcement authority designated by any municipality
    21  or political subdivision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06204-07-2

        A. 8568--A                          2
 
     1    5.  It shall be a defense that any person, firm, corporation, partner-
     2  ship, association, limited liability company, or other entity that sold,
     3  offered for sale, or gave away as either a retail or wholesale promotion
     4  salvia divinorum, did not have knowledge that it was  salvia  divinorum,
     5  if such knowledge was not reasonably discoverable.

     6    §  2.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law.
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