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S07668 Summary:

BILL NOS07668A
 
SAME ASSAME AS A01248-B
 
SPONSORFERNANDEZ
 
COSPNSR
 
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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S07668 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7668--A
            Cal. No. 1135
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 28, 2025
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed  to  be  committed  to the Committee on Consumer Protection --
          reported favorably from said committee, ordered to  first  and  second
          report,  amended  on second report, ordered to a third reading, and to
          be reprinted as amended, retaining its place in  the  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.
    15    4. No  corporation,  partnership,  limited  liability  company,  firm,
    16  online  platform,  or  other  business entity doing business within this
    17  state shall knowingly sell, offer for sale, or deliver  fifty  grams  or
    18  more of xylazine to individuals under the age of twenty-one.
    19    5.  Any  corporation,  partnership,  limited  liability company, firm,
    20  online platform, or other business entity  doing  business  within  this
    21  state which knowingly sells, offers for sale, or distributes fifty grams
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02623-06-5

        S. 7668--A                          2
 
     1  or  more  of  xylazine, shall require and retain sales records, proof of
     2  age, and proof of use from all purchasers.
     3    6.  Any  corporation,  partnership,  limited  liability company, firm,
     4  online platform, or other business entity  doing  business  within  this
     5  state that violates the provisions of this section by knowingly selling,
     6  offering  for  sale, or delivering fifty grams or more of xylazine shall
     7  be subject to a civil penalty of not more than  three  thousand  dollars
     8  for  a  first  violation, and sixty-five hundred dollars for each subse-
     9  quent violation, recoverable in an action by the attorney general of the
    10  state of New York.  All funds collected or received by  the  state  from
    11  civil penalties imposed under this section shall be deposited in the New
    12  York state drug treatment and public education fund established pursuant
    13  to section ninety-nine-jj of the state finance law.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.
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