Prohibits sale or distribution of any product containing MDPV; defines the chemical compounds which constitute MDPV; imposes a civil penalty of not more than $1,000 for a violation thereof; creates defenses based on over the counter drugs approved by the federal food and drug administration or lack of knowledge that the product contained MDPV.
STATE OF NEW YORK
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7731
2011-2012 Regular Sessions
IN ASSEMBLY
May 16, 2011
___________
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Economic Development
AN ACT to amend the general business law, in relation to prohibiting the
sale or distribution of MDPV and certain similar products
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
2 391-r to read as follows:
3 § 391-r. Sale or distribution of MDPV. 1. For the purposes of this
4 section, "MDPV" shall include any of the following chemical compounds:
5 (a) 3,4-Methylenedioxymethcathinone (Methylone);
6 (b) 3,4-Methylenedioxypyrovalerone (MDPV);
7 (c) 4-Methylmethcathinone (Mephedrone);
8 (d) 4-Methoxymethcathinone;
9 (e) 4-Fluoromethcathinone; or
10 (f) 3-Fluoromethcathinone.
11 2. No person, firm, corporation, partnership, association, limited
12 liability company or other entity shall sell, offer to sell or give
13 away, as either a retail or wholesale promotion, any product, which
14 contains MDPV, which may also be referred to as Methylone, Mephedrone,
15 or other names except as authorized by subdivision three of this
16 section.
17 3. Nothing in this section shall apply to nonprescription over-the-
18 counter drugs approved or regulated by the federal food and drug admin-
19 istration.
20 4. Any person, firm, corporation, partnership, association, limited
21 liability company or other entity that violates the provisions of this
22 section by selling, offering to sell or giving away as either a retail
23 or wholesale promotion any product which contains MDPV, shall be subject
24 to a civil penalty of not more than one thousand dollars per violation,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11538-01-1
A. 7731 2
1 recoverable in an action by any enforcement authority designated by a
2 municipality or political subdivision of the state.
3 5. It shall be a defense that any person, firm, corporation, partner-
4 ship, association, limited liability company or other entity that sold,
5 offered for sale or gave away as either a retail or wholesale promotion
6 any product which contains MDPV, did not have knowledge that it was a
7 product containing MDPV, if such knowledge was not reasonably discovera-
8 ble.
9 § 2. This act shall take effect immediately.
