Restricts access to the retail sale of compressed air cans by requiring retail stores to remove such products from shelves and other locations that are directly accessible by customers, and by placing such products behind a counter so that a consumer must request such products in order to obtain such products from a manager, assistant manager, acting manager or other supervisory personnel working in the retail establishment.
TITLE OF BILL:
An act to amend the general business law, in relation to restricting access to retail sale of compressed air cans
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.
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:
This act shall take effect immediately.
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