STATE OF NEW YORK
________________________________________________________________________
263--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
___________
Introduced by M. of A. JAFFEE, GUNTHER, WILLIAMS, RIVERA, BICHOTTE --
Multi-Sponsored by -- M. of A. HYNDMAN -- read once and referred to
the Committee on Consumer Affairs and Protection -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to the retail sale
of dextromethorphan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 391-s of the general business law, as added by
2 chapter 357 of the laws of 2013, is amended to read as follows:
3 § 391-s. Restricted access to retail sale of dextromethorphan, common-
4 ly known as "dxm". 1. [No retail establishment offering for sale any
5 product or products containing as an active ingredient dextromethorphan,
6 shall permit the sale of such products to persons under the age of eigh-
7 teen without a valid prescription. Retail establishments shall require
8 proof of legal age for purchase of such products. Such identification
9 need not be required of any individual who reasonably appears to be at
10 least twenty-five years of age, provided, however, that such appearance
11 shall not constitute a defense in any proceeding alleging the sale of
12 any product or products containing as an active ingredient dextromethor-
13 phan to an individual under eighteen years of age. Any retail establish-
14 ment which violates the provisions of this section shall be subject to a
15 fine of two hundred fifty dollars for each such violation.
16 2.] As used in this section "retail establishment" means every vendor
17 that in the regular course of business sells products containing dextro-
18 methorphan at retail directly to the public including, but not limited
19 to, pharmacies, grocery stores, and other retail stores.
20 2. No retail establishment offering for sale any product or products
21 containing as an active ingredient dextromethorphan, shall:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00578-02-7
A. 263--A 2
1 (a) Permit the sale of such products to persons under the age of eigh-
2 teen without a valid prescription; or,
3 (b) Place such product in a location such that customers have direct
4 access to the product before the sale is made.
5 3. Retail establishments shall require proof of legal age for purchase
6 of such products. Such identification need not be required of any indi-
7 vidual who reasonably appears to be at least twenty-five years of age,
8 provided, however, that such appearance shall not constitute a defense
9 in any proceeding alleging the sale of any product or products contain-
10 ing as an active ingredient dextromethorphan to an individual under
11 eighteen years of age.
12 4. Any retail establishment which violates the provisions of this
13 section shall be subject to a fine of two hundred fifty dollars for each
14 violation.
15 5. This section shall supersede any local laws or ordinances regulat-
16 ing the sales of products containing dextromethorphan.
17 § 2. This act shall take effect immediately.
