NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9017
SPONSOR: Solages TITLE OF BILL:
An act to amend the public health law and the general business law, in
relation to prohibiting the sale of certain hazardous inhalants to
persons under the age of twenty-one
PURPOSE:
To prohibit young people from purchasing dangerous and addictive
substances, and to discourage use into later adulthood.
SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (b) of subdivision 1 and subdivision 4 of
section 338o of the public health law, as amended by chapter 234 of the
laws of 1985.
Section 2. Amends the general business law to add a new section
399-hhhh.
Section 3. Sets the effective date.
JUSTIFICATION:
According to the FDA, nitrite products or, more commonly, "poppers,"
often contain chemicals such as amyl nitrite, which are typically found
in prescription medications. However, because "poppers" are often
marketed as nail polish remover or a cleaning product and thus "not for
human consumption," an individual of any age can purchase them readily
at corner stores, convenience stores, and adult novelty stores. When
inhaled or huffed, as they typically are, "poppers" can cause skin
damage, extreme blood pressure drops, seizures, coma, and even death.
A product with such great dangers should not be able to be attained by
our young and vulnerable, who similarly cannot purchase alcohol, ciga-
rettes, and many more substances. Moreover, by keeping it out of the
hands of young people, we discourage later adult use, as research shows
across substances that addiction potential is greatest when use begins
early.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
9017
IN ASSEMBLY
February 5, 2024
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the general business law, in
relation to prohibiting the sale of certain hazardous inhalants to
persons 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. Paragraph (b) of subdivision 1 and subdivision 4 of section
2 3380 of the public health law, as amended by chapter 234 of the laws of
3 1985, are amended to read as follows:
4 (b) As used in this section hazardous inhalants shall mean and include
5 any of the preparations of compounds containing one or more of the chem-
6 ical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl
7 nitrite, pentyl nitrite or any other [akyl] alkyl nitrite compound that
8 is either designed to be used, or commonly used, as an inhalant.
9 4. No person shall sell, or offer to sell, to any other person any
10 tube or other container of any hazardous inhalants or glue containing a
11 solvent having the property of releasing toxic vapors or fumes:
12 (a) if he has knowledge that the product sold, or offered for sale,
13 will be used for the purpose set forth in subdivision two of this
14 section; or
15 (b) unless there has been added to such glue a sufficient quantity of
16 an additive, approved by the commission, which shall act as a deterrent
17 to inhalation, and not be harmful or toxic to the human body. This
18 provision shall not apply to hazardous inhalants or glue manufactured
19 and sold for industrial use; or
20 (c) where such other person is under the age of twenty-one years;
21 provided, however, that this paragraph shall not apply to the inhalation
22 of any anesthesia or inhalant for medical or dental purposes or where
23 permitted under paragraph (b) of this subdivision.
24 § 2. The general business law is amended by adding a new section 399-
25 hhhh to read as follows:
26 § 399-hhhh. Sale of hazardous inhalants. 1. No person, corporation,
27 partnership, limited liability company, firm or any other business
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13189-04-4
A. 9017 2
1 entity doing business within this state shall sell or offer for sale
2 hazardous inhalants as defined by section thirty-three hundred eighty of
3 the public health law, except where permitted by such section, to any
4 person under the age of twenty-one.
5 2. Any person, corporation, partnership, limited liability company,
6 firm, or any other business entity doing business within the state sell-
7 ing, offering for sale, or distributing hazardous inhalants shall
8 require proof of legal age prior to allowing an individual to
9 purchase or receive a shipment of hazardous inhalants. Such identifica-
10 tion shall not be required of any individual who reasonably appears
11 to be at least thirty years of age, provided, however, that such appear-
12 ance shall not constitute a defense in any proceeding alleging the sale
13 or distribution of hazardous inhalants to an individual under twenty-one
14 years of age.
15 3. Any person, corporation, partnership, limited liability company,
16 firm or any other business entity that violates the provisions of this
17 section shall be subject to a civil penalty of not more than two hundred
18 fifty dollars for an initial offense and not more than five hundred
19 dollars for the second and each subsequent offense, provided this
20 section shall not be construed to limit any other criminal or civil
21 liability such person, corporation, partnership, limited liability
22 company, firm or other business entity may be subject to under law.
23 § 3. This act shall take effect on the ninetieth day after it shall
24 have become a law.
