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A00754 Summary:

BILL NOA00754A
 
SAME ASSAME AS S02819-A
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Add §399-hh, Gen Bus L
 
Prohibits the sale of whipped cream chargers to persons under the age of twenty-one.
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A00754 Actions:

BILL NOA00754A
 
01/06/2021referred to consumer affairs and protection
05/17/2021amend and recommit to consumer affairs and protection
05/17/2021print number 754a
05/25/2021reported referred to codes
06/02/2021reported referred to rules
06/08/2021reported
06/08/2021rules report cal.522
06/08/2021substituted by s2819a
 S02819 AMEND=A ADDABBO
 01/25/2021REFERRED TO CONSUMER PROTECTION
 04/26/20211ST REPORT CAL.772
 04/27/20212ND REPORT CAL.
 04/28/2021ADVANCED TO THIRD READING
 05/04/2021PASSED SENATE
 05/04/2021DELIVERED TO ASSEMBLY
 05/04/2021referred to consumer affairs and protection
 05/19/2021RECALLED FROM ASSEMBLY
 05/19/2021returned to senate
 05/19/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/19/2021AMENDED ON THIRD READING 2819A
 06/01/2021REPASSED SENATE
 06/01/2021RETURNED TO ASSEMBLY
 06/01/2021referred to consumer affairs and protection
 06/08/2021substituted for a754a
 06/08/2021ordered to third reading rules cal.522
 06/08/2021passed assembly
 06/08/2021returned to senate
 10/13/2021DELIVERED TO GOVERNOR
 10/26/2021CHAPTER 515
 01/25/2021REFERRED TO CONSUMER PROTECTION
 04/26/20211ST REPORT CAL.772
 04/27/20212ND REPORT CAL.
 04/28/2021ADVANCED TO THIRD READING
 05/04/2021PASSED SENATE
 05/04/2021DELIVERED TO ASSEMBLY
 05/04/2021referred to consumer affairs and protection
 05/19/2021RECALLED FROM ASSEMBLY
 05/19/2021returned to senate
 05/19/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/19/2021AMENDED ON THIRD READING 2819A
 06/01/2021REPASSED SENATE
 06/01/2021RETURNED TO ASSEMBLY
 06/01/2021referred to consumer affairs and protection
 06/08/2021substituted for a754a
 06/08/2021ordered to third reading rules cal.522
 06/08/2021passed assembly
 06/08/2021returned to senate
 10/13/2021DELIVERED TO GOVERNOR
 10/26/2021SIGNED CHAP.515
 01/25/2021REFERRED TO CONSUMER PROTECTION
 04/26/20211ST REPORT CAL.772
 04/27/20212ND REPORT CAL.
 04/28/2021ADVANCED TO THIRD READING
 05/04/2021PASSED SENATE
 05/04/2021DELIVERED TO ASSEMBLY
 05/04/2021referred to consumer affairs and protection
 05/19/2021RECALLED FROM ASSEMBLY
 05/19/2021returned to senate
 05/19/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/19/2021AMENDED ON THIRD READING 2819A
 06/01/2021REPASSED SENATE
 06/01/2021RETURNED TO ASSEMBLY
 06/01/2021referred to consumer affairs and protection
 06/08/2021substituted for a754a
 06/08/2021ordered to third reading rules cal.522
 06/08/2021passed assembly
 06/08/2021returned to senate
 10/13/2021DELIVERED TO GOVERNOR
 10/26/2021CHAPTER 515
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A00754 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A754A
 
SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of whipped cream chargers to persons under the age of twenty-one   PURPOSE OR GENERAL IDEA OF BILL: To prevent the sale of whipped cream chargers to anyone under the age of twenty-one.   SUMMARY OF PROVISIONS: Section 1 amend the general business law by adding a new section 399-ii to define the term "whipped cream charger" as a steel cylinder or cartridge filled with nitrous oxide, that, is commonly used in a whipped cream dispenser. Provides that no individual or business within the state sell or offer for sale a whipped cream charger to any person under the age of twenty- one. Requires proof of legal age be presented prior to allowing an individual to purchase or receive a shipment of whipped cream chargers. Such iden- tification need not be required of any individual who reasonably appears to be at least twenty-five years of age. Section 2 outlines the violations of a civil penalty of not more than two hundred fifty dollars for an initial offense and not more than five hundred dollars for the second and each subsequent offense.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version of the bill removes language from the previous version that adds commonly used terms for whipped cream chargers. In addition, the amended version adds in a mechanism that would require providing proof of legal age in the acquisition of whipped cream char- gers so that the distributor/seller will have a way of knowing the age of the consumer.   JUSTIFICATION: Whipped cream chargers, commonly known as whipits, contain nitrous oxide. They are sold by the individual canister or by an entire tank. Tanks are routinely rented or purchased for blowing up balloons. Nitrous oxide is known to cause hearing loss, liver and kidney damage, limb spasms, central nervous system or brain damage, bone marrow damage, heart failure or suffocation. According to the National Institute on Drug Abuse, 719,000 people age 12 or older reported using inhalants for the first time within the prior 12 months. In addition, nitrous oxide is highly addictive. Many state dental asso- ciations have established treatment programs for dentists and dental hygienists who have found themselves addicted.   PRIOR LEGISLATIVE HISTORY: 2019-20 A.7430 (Pheffer Amato): Referred to Consumer Affairs and Protection   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: On the thirtieth day after it has become a law.
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A00754 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         754--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Consumer Affairs and Protection -- 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 whipped cream chargers to persons under the age of twenty-one
 
          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  399-hh to read as follows:
     3    §  399-hh.  Sale  of  whipped  cream chargers. 1. For purposes of this
     4  section, the term "whipped cream charger" shall mean a steel cylinder or
     5  cartridge filled with nitrous oxide (N2O) that is  used  as  a  whipping
     6  agent in a whipped cream dispenser.
     7    2.  No  person,  corporation,  partnership, limited liability company,
     8  firm or any other business entity doing business within this state shall
     9  sell or offer for sale a whipped cream charger to any person  under  the
    10  age of twenty-one.
    11    3.  Any  person,  corporation, partnership, limited liability company,
    12  firm, or other business entity doing business within the state  selling,
    13  offering  for sale, or distributing whipped cream chargers shall require
    14  proof of legal age prior  to  allowing  an  individual  to  purchase  or
    15  receive  a  shipment of whipped cream chargers. Such identification need
    16  not be required of any individual who reasonably appears to be at  least
    17  twenty-five  years of age, provided, however, that such appearance shall
    18  not constitute a defense in any proceeding alleging the sale or distrib-
    19  ution of whipped cream chargers to an individual under twenty-one  years
    20  of age.
    21    4.  Any  person,  corporation, partnership, limited liability company,
    22  firm or any other business entity that violates the provisions  of  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04117-02-1

        A. 754--A                           2
 
     1  section shall be subject to a civil penalty of not more than two hundred
     2  fifty  dollars  for  an  initial  offense and not more than five hundred
     3  dollars for the second and each subsequent offense.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.
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