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BILL NUMBER:S6178

TITLE OF BILL:

An act to amend the general business law, in relation to restricting access to retail sale of compressed air cans

PURPOSE:

The purpose of this legislation is to restrict the retail sale of compressed air cans in order to prevent the misuse or abuse of such products. In order to comply with limitations retailers shall remove such products from shelves and other locations that are directly accessible and instead place the products behind the counter or such other secure location.

JUSTIFICATION:

As with other products in the past, unfortunately children and adults alike have found a way to misuse this common household product. Compressed air cans, or Dust-Off, are commonly used to clean electronics but its misuse is dangerous and rampant. Just recently a young constituent had written my office describing the troubles that her own brother faces with this product. It is currently readily available, rather inexpensive and also easily concealable and many are often resorting to the shoplifting of this product for it misuse.

The chemical propellants found in compressed air cans can lead to damage of the brain and other vital organs including the heart, kidneys and liver. The brain damage caused can lead to sever physical impairments, suffocation, choking, seizures and death. By moving these products to either behind the counter or in another secure location where the employee or manager of a retailer must be notified in order to obtain the product we are taking a huge step to restricting a persons ability to abuse and misuse this product.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

S. 6178                                                  A. 8960

S E N A T E - A S S E M B L Y

January 10, 2012
___________

IN SENATE -- Introduced by Sen. JOHNSON -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. RAIA -- read once and referred  to
  the Committee on Economic Development

AN  ACT  to  amend  the general business law, in relation to restricting
  access to retail sale of compressed air cans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S  391-S.  RESTRICTED ACCESS TO RETAIL SALE OF COMPRESSED AIR CANS. 1.
ANY RETAIL ESTABLISHMENT THAT SELLS ANY COMPRESSED AIR CAN, SHALL  LIMIT
ACCESS  TO  SUCH  PRODUCTS IN A MANNER DESIGNED TO PREVENT THE MISUSE OR
ABUSE OF SUCH PRODUCTS. SUCH LIMITATIONS  SHALL  INCLUDE  REMOVING  SUCH
PRODUCTS  FROM  SHELVES AND OTHER LOCATIONS THAT ARE DIRECTLY ACCESSIBLE
BY CUSTOMERS, AND PLACING SUCH PRODUCTS BEHIND A COUNTER OR  SUCH  OTHER
SECURE  LOCATION, SO THAT A CONSUMER MUST REQUEST SUCH PRODUCTS IN ORDER
TO OBTAIN SUCH PRODUCTS FROM A MANAGER, ASSISTANT MANAGER, ACTING MANAG-
ER OR OTHER SUPERVISORY PERSONNEL WORKING IN THE RETAIL ESTABLISHMENT.
  2. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
ING MEANINGS:
  (A)  "RETAIL  ESTABLISHMENT"  MEANS  EVERY  VENDOR THAT IN THE REGULAR
COURSE OF BUSINESS SELLS COMPRESSED AIR CAN PRODUCTS AT RETAIL  DIRECTLY
TO  THE PUBLIC INCLUDING, BUT NOT LIMITED TO CONVENIENCE STORES, PHARMA-
CIES, GROCERY STORES, AND OTHER RETAIL STORES;
  (B) "COMPRESSED AIR CAN" MEANS ANY CAN OF COMPRESSED AIR INTENDED  FOR
USE  AS A CLEANING DEVICE TO REMOVE DUST AND OTHER DEBRIS FROM ELECTRON-
ICS.
  S 2. This act shall take effect immediately; provided,  however,  that
the rules and regulations necessary to implement section one of this act
shall be promulgated and take effect on or before the one hundred eight-
ieth day after this act shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13886-01-2