NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6798
SPONSOR: Lee TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of sodium nitrate and sodium nitrite to any person under the age of
twenty-one
PURPOSE:
To prevent the sale of sodium nitrite to individuals under the age of
SUMMARY OF PROVISIONS:
Section 1 creates a new section of the General Business Law to prohibit
the sale of sodium nitrate or sodium nitrite to individuals under the
age of 2, requires businesses to check ID for the sale of sodium nitrate
or sodium nitrite, and creates a fine of up to $250 for a first offense
or $500 for subsequent offenses.
Section 2 of the bill is the effective date.
JUSTIFICATION:
Sodium nitrite is a food additive commonly used to cure meats and poul-
try,-but it can also be a fatal poison. It is also increasingly used as
a tool for self-harm and suicide. For example, actor Matthew Mindler
used sodium nitrate bought for $15 on Amazon to commit suicide. Suicide
rates have increased among all age groups since 2009, but no group has
suffered a greater percentage increase in that period than those ages 15
to 24, among whom the rate has risen 45%. According to the World Health
Organization, suicide is the fourth leading cause of death among 15-19
year-olds. This bill will prohibit the sale of sodium nitrate and sodium
nitrite to those under 21, and it will require ID checks for anyone that
appears to be under the age of 30.
LEGISLATIVE HISTORY:
S.7601 of 2021-2022 (Hoylman): Died in Consumer Protection
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect thirty days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6798
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. LEE -- read once and referred to the Committee on
Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of sodium nitrate and sodium nitrite to any person 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. The general business law is amended by adding a new section
2 399-hhh to read as follows:
3 § 399-hhh. Sale of sodium nitrate and sodium nitrite. 1. No person,
4 corporation, partnership, limited liability company, firm or any other
5 business entity doing business within this state shall sell or offer for
6 sale sodium nitrate or sodium nitrite to any person under the age of
7 twenty-one.
8 2. Any person, corporation, partnership, limited liability company,
9 firm, or any other business entity doing business within the state sell-
10 ing, offering for sale, or distributing sodium nitrate or sodium nitrite
11 shall require proof of legal age prior to allowing an individual to
12 purchase or receive a shipment of sodium nitrate or sodium nitrite. Such
13 identification need not be required of any individual who reasonably
14 appears to be at least thirty years of age, provided, however, that such
15 appearance shall not constitute a defense in any proceeding alleging the
16 sale or distribution of sodium nitrate or sodium nitrite to an individ-
17 ual under twenty-one years of age.
18 3. Any person, corporation, partnership, limited liability company,
19 firm or any other business entity that violates the provisions of this
20 section shall be subject to a civil penalty of not more than two hundred
21 fifty dollars for an initial offense and not more than five hundred
22 dollars for the second and each subsequent offense, provided this
23 section shall not be construed to limit any other criminal or civil
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02657-01-3
A. 6798 2
1 liability such person, corporation, partnership, limited liability
2 company, firm or other business entity may be subject to under law.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.
