STATE OF NEW YORK
________________________________________________________________________
1833--A
Cal. No. 68
2011-2012 Regular Sessions
IN SENATE
January 13, 2011
___________
Introduced by Sens. FLANAGAN, LIBOUS -- read twice and ordered printed,
and when printed to be committed to the Committee on Consumer
Protection -- recommitted to the Committee on Consumer Protection in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first report, amended on first report, ordered
to a second report and ordered reprinted, retaining its place in the
order of second report
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06204-06-2
S. 1833--A 2
1 in an action by any enforcement authority designated by any municipality
2 or political subdivision.
3 5. It shall be a defense that any person, firm, corporation, partner-
4 ship, association, limited liability company, or other entity that sold,
5 offered for sale, or gave away as either a retail or wholesale promotion
6 salvia divinorum, did not have knowledge that it was salvia divinorum,
7 if such knowledge was not reasonably discoverable.
8 § 2. This act shall take effect on the sixtieth day after it shall
9 have become a law.
