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S00582 Summary:

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S00582 Committee Votes:

S00582 Floor Votes:

S00582 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           582
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 5, 2023
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer 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
    24  liability  such  person,  corporation,  partnership,  limited  liability
    25  company, firm or other business entity may be subject to under law.
    26    §  2.  This  act shall take effect on the thirtieth day after it shall
    27  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02657-01-3