A8568A-2011 Actions

• Feb 13, 2012: print number 8568a
• Feb 13, 2012: amend and recommit to economic development
• Jan 4, 2012: referred to economic development
• Aug 31, 2011: referred to economic development

A8568A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8568--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 August 31, 2011
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
 on Economic Development -- recommitted to the  Committee  on  Economic
 Development  in  accordance  with Assembly Rule 3, sec. 2 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the general business law, in relation to prohibiting the
 sale of salvia divinorum to persons in New York state
 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. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM,
 CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY COMPANY, OR
 OTHER ENTITY SHALL SELL OR OFFER TO SELL  OR  GIVE  AWAY,  AS  EITHER  A
 RETAIL  OR  WHOLESALE  PROMOTION,  SALVIA  DIVINORUM,  COMMONLY KNOWN AS
 SALVIA WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION  THREE
 OF THIS SECTION.
 2.  FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL MEAN
 THE HERB FREQUENTLY REFERRED TO AS "SKA MARIA  PASTORA"  AND  "DIVINER'S
 SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE.
 3.   NOTHING   IN   THIS   SECTION   SHALL  APPLY  TO  NONPRESCRIPTION
 OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY  THE  FEDERAL  FOOD  AND
 DRUG ADMINISTRATION.
 4.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF  THIS
 SECTION  BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A RETAIL
 OR WHOLESALE PROMOTION SALVIA DIVINORUM, SHALL BE  SUBJECT  TO  A  CIVIL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE
 IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
 OR POLITICAL SUBDIVISION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06204-07-2
 
       A. 8568--A                          2
 5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER
 SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,
 OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
 SALVIA DIVINORUM, DID NOT HAVE KNOWLEDGE THAT IT WAS  SALVIA  DIVINORUM,
 IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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