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A01248 Summary:

BILL NOA01248
 
SAME ASNo Same As
 
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 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
 
                               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  --  read  once  and  referred  to the Committee on Consumer
          Affairs and Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of xylazine
 
          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. No  corporation,  partnership,  limited  liability  company,  firm,
     8  online platform, or any other business entity doing business within this
     9  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    10  viduals without proof of its intended use for institutional, veterinary,
    11  or scientific purposes.
    12    3.  No  corporation,  partnership,  limited  liability  company, firm,
    13  online platform, or other business entity  doing  business  within  this
    14  state shall knowingly sell, offer for sale, or deliver xylazine to indi-
    15  viduals under the age of twenty-one.
    16    4.  Any  corporation,  partnership,  limited  liability company, firm,
    17  online platform or other business  entity  doing  business  within  this
    18  state  which  knowingly sells, offers for sale, or distributes xylazine,
    19  shall require and retain sales records, proof of age, and proof  of  use
    20  from all purchasers.
    21    5.  Any  corporation,  partnership,  limited  liability company, firm,
    22  online platform, or other business entity  doing  business  within  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02623-01-5

        A. 1248                             2
 
     1  state that violates the provisions of this section by knowingly selling,
     2  offering  for  sale,  or delivering xylazine shall be subject to a civil
     3  penalty of not more than three thousand dollars for a  first  violation,
     4  and  sixty-five hundred dollars for each subsequent violation, recovera-
     5  ble in an action by the attorney general of the state of New York.   All
     6  funds  collected  or  received by the state from civil penalties imposed
     7  under this section shall be deposited in the New York state drug  treat-
     8  ment  and  public education fund established pursuant to section ninety-
     9  nine-jj of the state finance law.
    10    § 2. This act shall take effect immediately.
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