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A01248 Summary:

BILL NOA01248B
 
SAME ASSAME AS S07668-A
 
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
 
MLTSPNSR
 
Add 392-k, Gen Bus L
 
Prohibits the knowing sale of xylazine above a certain weight 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--B
                                                                   R. R. 202
 
                               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,
          EPSTEIN, BICHOTTE HERMELYN, BORES, K. BROWN, CHANG, GIGLIO, PIROZZOLO,
          DeSTEFANO, PHEFFER AMATO, WEPRIN, SANTABARBARA, WALSH -- 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
 
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of xylazine above a certain weight
 
          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 in quantities  of  fifty
     9  grams or more per occurrence.
    10    3.  No  corporation,  partnership,  limited  liability  company, firm,
    11  online platform, or any other business entity doing business within this
    12  state shall knowingly sell, offer for sale, or deliver  fifty  grams  or
    13  more  of  xylazine  to individuals without proof of its intended use for
    14  institutional, veterinary, or scientific purposes.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02623-07-5

        A. 1248--B                          2
 
     1    4. No  corporation,  partnership,  limited  liability  company,  firm,
     2  online  platform,  or  other  business entity doing business within this
     3  state shall knowingly sell, offer for sale, or deliver  fifty  grams  or
     4  more of xylazine to individuals under the age of twenty-one.
     5    5.  Any  corporation,  partnership,  limited  liability company, firm,
     6  online platform, or other business entity  doing  business  within  this
     7  state which knowingly sells, offers for sale, or distributes fifty grams
     8  or  more  of  xylazine, shall require and retain sales records, proof of
     9  age, and proof of use from all purchasers.
    10    6. Any corporation,  partnership,  limited  liability  company,  firm,
    11  online  platform,  or  other  business entity doing business within this
    12  state that violates the provisions of this section by knowingly selling,
    13  offering for sale, or delivering fifty grams or more of  xylazine  shall
    14  be  subject  to  a civil penalty of not more than three thousand dollars
    15  for a first violation, and sixty-five hundred dollars  for  each  subse-
    16  quent violation, recoverable in an action by the attorney general of the
    17  state  of  New York.   All funds collected or received by the state from
    18  civil penalties imposed under this section shall be deposited in the New
    19  York state drug treatment and public education fund established pursuant
    20  to section ninety-nine-jj of the state finance law.
    21    § 2. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law.
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