S T A T E   O F   N E W   Y O R K
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                                  10013

                          I N  A S S E M B L Y

                               May 1, 2012
                               ___________

Introduced  by M. of A. JOHNS -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation to including  difluo-
  roethane  in  the  definition of a "hazardous substance" and requiring
  warning labels on products containing difluoroethane

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

  Section  1.  Paragraph  (b)  of  subdivision  1 of section 3380 of the
public health law, as amended by chapter 234 of the  laws  of  1985,  is
amended to read as follows:
  (b)  As  used  in  this  section  "hazardous inhalants" shall mean and
include any of the preparations of compounds containing one or  more  of
the FOLLOWING chemical compounds[;]: DIFLUOROETHANE, amyl nitrite, isoa-
myl  nitrite,  butyl  nitrite,  isobutyl  nitrite, pentyl nitrite or any
other akyl nitrite compound that is  either  designed  to  be  used,  or
commonly used, as an inhalant.
  S 2.  Section 3380 of the public health law is amended by adding a new
subdivision 4-a to read as follows:
  4-A.   THE COMMISSIONER MAY, UPON THE APPLICATION OF A MANUFACTURER OR
SELLER OF A PRODUCT CONTAINING DIFLUOROETHANE AND INTENDED FOR  SALE  AT
RETAIL,  AUTHORIZED  THE  SALE  OF SUCH A PRODUCT IF THE MANUFACTURER OR
SELLER TAKES THE FOLLOWING STEPS:
  (A) CLEARLY INDICATES THE LEGITIMATE PURPOSE OR USE OF THE PRODUCT  ON
THE PACKAGE;
  (B)  PROMINENTLY  DISPLAYS  ON  THE PACKAGE, IN HEAVY BOLD TYPE PRINT,
LANGUAGE WHICH WARNS OF HEALTH DANGERS  RESULTING  FROM  THE  MISUSE  OF
DIFLUOROETHANE; AND
  (C) EDUCATES WHOLESALE AND RETAIL BUSINESSES WHICH SELL THE PRODUCT OF
THE DANGERS OF DIFLUOROETHANE AND THE NEED TO MONITOR ITS SALE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.

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

                                                           LBD15352-02-2