STATE OF NEW YORK
________________________________________________________________________
3752
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. ORTIZ -- read once and referred 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 powdered pure caffeine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 33-B to read as follows:
3 ARTICLE 33-B
4 POWDERED PURE CAFFEINE
5 Section 3398. Definition.
6 3398-a. Sale prohibited.
7 3398-b. Exemption.
8 3398-c. Penalty.
9 § 3398. Definition. For the purposes of this article, "powdered pure
10 caffeine" means any concentrated powdered form of the stimulant
11 caffeine, or any powder substance sold or marketed as pure caffeine.
12 § 3398-a. Sale prohibited. No person, firm, corporation, partnership,
13 association, limited liability company or other entity shall sell, offer
14 to sell or give away for either retail or promotional purposes, or
15 distribute powdered pure caffeine.
16 § 3398-b. Exemption. The provisions of this article shall not apply to
17 the marketing or sale of pure powdered caffeine in bulk form to any
18 business entity as part of a business transaction.
19 § 3398-c. Penalty. A violation of this article shall be an offense
20 punishable by a fine of not more than one thousand dollars.
21 § 2. The general business law is amended by adding a new section 390-d
22 to read as follows:
23 § 390-d. Powdered pure caffeine; prohibition. 1. For the purposes of
24 this section, "powdered pure caffeine" means any concentrated powdered
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08190-01-9
A. 3752 2
1 form of the stimulant caffeine, or any powder substance sold or marketed
2 as pure caffeine.
3 2. No person, firm, corporation, partnership, association, limited
4 liability company or other entity shall sell, offer to sell or give away
5 for either retail or promotional purposes, or distribute powdered pure
6 caffeine; provided, however, that the provisions of this section shall
7 not apply to the marketing or sale of pure powdered caffeine in bulk
8 form to a business entity as part of a business transaction.
9 3. A violation of this section shall be an offense punishable by a
10 fine of not more than one thousand dollars.
11 § 3. This act shall take effect immediately.
