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A01248 Summary:

BILL NOA01248C
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSRZaccaro, Alvarez, Lavine, De Los Santos, Simone, Forrest, Shimsky, Lucas, Cunningham, Cruz, Simon, Sayegh, Epstein, Bichotte Hermelyn, Bores, Brown K, Chang, Giglio, Pirozzolo, DeStefano, Pheffer Amato, Weprin, Santabarbara, Walsh, Reyes, Sempolinski
 
MLTSPNSR
 
Add §392-k, Gen Bus L
 
Prohibits the knowing sale, offer for sale, or delivery of xylazine to persons under the age of 21 and without proof of the intended use for institutional, veterinary, or scientific purposes.
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A01248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1248--C
                                                                 Cal. No. 44
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by  M. of A. TAPIA, ZACCARO, ALVAREZ, LAVINE, DE LOS SANTOS,
          SIMONE, FORREST, SHIMSKY,  LUCAS,  CUNNINGHAM,  CRUZ,  SIMON,  SAYEGH,
          BICHOTTE HERMELYN, BORES, K. BROWN, CHANG, GIGLIO, PIROZZOLO, DeSTEFA-
          NO, PHEFFER AMATO, WEPRIN, SANTABARBARA, WALSH, REYES -- read once and
          referred  to  the  Committee  on  Consumer  Affairs  and Protection --
          reported and referred to  the  Committee  on  Codes  --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  reported  and  referred  to  the  Committee on Rules --
          ordered to a third reading, passed by Assembly and  delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the special order  of  third
          reading  -- ordered to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading
 
        AN ACT to amend the general business law, in relation to prohibiting the
          sale, offer for sale, or delivery of xylazine

          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  392-k to read as follows:
     3    §  392-k.  Sale of xylazine. 1. For purposes of this section, the term
     4  "xylazine" shall mean a pharmaceutical drug  used  for  sedation,  anes-
     5  thesia,  muscle  relaxation,  and  analgesia  in animals such as horses,
     6  cattle, and other non-human mammals.
     7    2. The provisions of this section shall apply only to the sale,  offer
     8  for sale, delivery, or distribution of xylazine.
     9    3.  No  corporation,  partnership,  limited  liability  company, firm,
    10  online platform, or any other business entity doing business within this
    11  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    12  viduals without proof of its intended use for institutional, veterinary,
    13  or scientific purposes, including but not limited to obtaining a copy of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02623-08-5

        A. 1248--C                          2
 
     1  such individual's active license to practice veterinary  medicine  under
     2  article  one  hundred  thirty-five of the education law, or an affidavit
     3  that such individual is otherwise not prohibited under this section from
     4  purchasing xylazine.
     5    4.  No  corporation,  partnership,  limited  liability  company, firm,
     6  online platform, or other business entity  doing  business  within  this
     7  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
     8  viduals  under the age of twenty-one, demonstrated via government issued
     9  identification by the individual, veterinary representative, or purchas-
    10  ing agent.
    11    5. Any corporation,  partnership,  limited  liability  company,  firm,
    12  online  platform,  or  other  business entity doing business within this
    13  state which knowingly sells, offers for sale, or  distributes  xylazine,
    14  shall  require  and  retain, for a minimum of five years, sales records,
    15  proof of age, and proof of use from all purchasers.
    16    6. Any corporation,  partnership,  limited  liability  company,  firm,
    17  online  platform,  or  other  business entity doing business within this
    18  state that violates the provisions of this section by knowingly selling,
    19  offering for sale, or delivering xylazine shall be subject  to  a  civil
    20  penalty  of  not more than three thousand dollars for a first violation,
    21  and sixty-five hundred dollars for each subsequent violation,  recovera-
    22  ble  in an action by the attorney general of the state of New York.  All
    23  funds collected or received by the state from  civil  penalties  imposed
    24  under  this section shall be deposited in the New York state drug treat-
    25  ment and public education fund established pursuant to  section  ninety-
    26  nine-jj of the state finance law.
    27    §  2.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.
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