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A01248 Summary:

BILL NOA01248A
 
SAME ASSAME AS S07668
 
SPONSORTapia
 
COSPNSRZaccaro, Alvarez, Lavine, De Los Santos, Simone, Forrest, Shimsky, Lucas, Cunningham, Cruz, Simon, Sayegh, Epstein, Bichotte Hermelyn, Bores, Brown K, Chang, Giglio, Pirozzolo, DeStefano, Pheffer Amato, Weprin
 
MLTSPNSR
 
Add §392-k, Gen Bus L
 
Prohibits the knowing sale of xylazine above a certain weight to persons under the age of 21 and without proof of the intended use for institutional, veterinary, or scientific purposes.
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A01248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1248--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by  M. of A. TAPIA, ZACCARO, ALVAREZ, LAVINE, DE LOS SANTOS,
          SIMONE, FORREST, SHIMSKY,  LUCAS,  CUNNINGHAM,  CRUZ,  SIMON,  SAYEGH,
          EPSTEIN, BICHOTTE HERMELYN, BORES, K. BROWN, CHANG, GIGLIO, PIROZZOLO,
          DeSTEFANO,  PHEFFER AMATO,  WEPRIN  --  read  once and referred to the
          Committee on Consumer Affairs and Protection -- reported and  referred
          to the Committee on Codes -- reported and referred to the Committee on
          Ways   and  Means  --  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 xylazine above a certain weight
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    §  392-k.  Sale of xylazine. 1. For purposes of this section, the term
     4  "xylazine" shall mean a pharmaceutical drug  used  for  sedation,  anes-
     5  thesia,  muscle  relaxation,  and  analgesia  in animals such as horses,
     6  cattle, and other non-human mammals.
     7    2. The provisions of this section shall apply only to the sale,  offer
     8  for  sale,  delivery, or distribution of xylazine in quantities of fifty
     9  grams or more.
    10    3. No  corporation,  partnership,  limited  liability  company,  firm,
    11  online platform, or any other business entity doing business within this
    12  state  shall  knowingly  sell, offer for sale, or deliver fifty grams or
    13  more of xylazine to individuals without proof of its  intended  use  for
    14  institutional, veterinary, or scientific purposes.
    15    4.  No  corporation,  partnership,  limited  liability  company, firm,
    16  online platform, or other business entity  doing  business  within  this
    17  state  shall  knowingly  sell, offer for sale, or deliver fifty grams or
    18  more of xylazine to individuals under the age of twenty-one.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02623-04-5

        A. 1248--A                          2
 
     1    5. Any corporation,  partnership,  limited  liability  company,  firm,
     2  online  platform,  or  other  business entity doing business within this
     3  state which knowingly sells, offers for sale, or distributes fifty grams
     4  or more of xylazine, shall require and retain sales  records,  proof  of
     5  age, and proof of use from all purchasers.
     6    6.  Any  corporation,  partnership,  limited  liability company, firm,
     7  online platform, or other business entity  doing  business  within  this
     8  state that violates the provisions of this section by knowingly selling,
     9  offering  for  sale, or delivering fifty grams or more of xylazine shall
    10  be subject to a civil penalty of not more than  three  thousand  dollars
    11  for  a  first  violation, and sixty-five hundred dollars for each subse-
    12  quent violation, recoverable in an action by the attorney general of the
    13  state of New York.  All funds collected or received by  the  state  from
    14  civil penalties imposed under this section shall be deposited in the New
    15  York state drug treatment and public education fund established pursuant
    16  to section ninety-nine-jj of the state finance law.
    17    § 2. This act shall take effect immediately.
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