STATE OF NEW YORK
________________________________________________________________________
1263
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
___________
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee 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] such person has knowledge that the product sold, or
13 offered for sale, will be used for the purpose set forth in subdivision
14 two of this 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03890-01-5
S. 1263 2
1 § 2. The general business law is amended by adding a new section 399-
2 hh to read as follows:
3 § 399-hh. Sale of hazardous inhalants. 1. No person, corporation,
4 partnership, limited liability company, firm or any other business
5 entity doing business within this state shall sell or offer for sale
6 hazardous inhalants as defined by section thirty-three hundred eighty of
7 the public health law, except where permitted by such section, to any
8 person under the age of twenty-one.
9 2. Any person, corporation, partnership, limited liability company,
10 firm, or any other business entity doing business within the state sell-
11 ing, offering for sale, or distributing hazardous inhalants shall
12 require proof of legal age prior to allowing an individual to
13 purchase or receive a shipment of hazardous inhalants. Such identifica-
14 tion shall not be required of any individual who reasonably appears
15 to be at least thirty years of age, provided, however, that such appear-
16 ance shall not constitute a defense in any proceeding alleging the sale
17 or distribution of hazardous inhalants to an individual under twenty-one
18 years of age.
19 3. Any person, corporation, partnership, limited liability company,
20 firm or any other business entity that violates the provisions of this
21 section shall be subject to a civil penalty of not more than two hundred
22 fifty dollars for an initial offense and not more than five hundred
23 dollars for the second and each subsequent offense, provided this
24 section shall not be construed to limit any other criminal or civil
25 liability such person, corporation, partnership, limited liability
26 company, firm or other business entity may be subject to under law.
27 § 3. This act shall take effect on the ninetieth day after it shall
28 have become a law.
