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A01248 Summary:

BILL NOA01248B
 
SAME ASSAME AS S07668-A
 
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, Santabarbara, Walsh, Reyes
 
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 Actions:

BILL NOA01248B
 
01/09/2025referred to consumer affairs and protection
03/25/2025reported referred to codes
04/02/2025reported referred to ways and means
04/21/2025amend (t) and recommit to ways and means
04/21/2025print number 1248a
05/20/2025reported referred to rules
05/21/2025reported
05/21/2025rules report cal.202
05/21/2025ordered to third reading rules cal.202
05/21/2025passed assembly
05/21/2025delivered to senate
05/21/2025REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
05/22/2025recalled from senate
05/22/2025RETURNED TO ASSEMBLY
05/22/2025vote reconsidered - restored to third reading
05/22/2025amended on third reading 1248b
05/27/2025repassed assembly
05/27/2025returned to senate
05/27/2025RECOMMITTED TO CONSUMER PROTECTION
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A01248 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1248B
 
SPONSOR: Tapia
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of xylazine above a certain weight   PURPOSE: The purpose of this bill is to mitigate the dangers posed by the growing misuse of xylazine, a powerful veterinary tranquilizer, in the illicit drug supply. By regulating the sale, offer for sale, and delivery of xylazine in New York State, this bill aims to protect public health, prevent further contamination of street drugs, and create a funding stream to support restorative efforts for those affected by substance misuse.   SUMMARY OF PROVISIONS: *Section 1: Defines "xylazine" as a pharmaceutical drug used for sedation, anesthesia, muscle relaxation, and analgesia in non-human mammals. *Section 2: Prohibits the sale, offer for sale, or delivery of 50 grams or more of xylazine to individuals without proof of its intended use for institutional, veterinary, or scientific purposes. *Section 3: Prohibits the sale, offer for sale, or delivery of 50 grams or more of xylazine to individuals under the age of twenty-one. *Section 4: Requires businesses to retain sales records, proof of age, and proof of use from all purchasers. *Section 5: Establishes 'civil penalties for violations, with fines of up to $3,000 for a first violation and $6,500 for each subsequent violation. Directs that all funds collected from penalties be deposited into the New York State Drug 'Treatment and Public Education Fund. *Section 6: This act shall take effect immediately.   JUSTIFICATION: New York State is undergoing an opioid epidemic. Exacerbated by the introduction of dangerous additives such as xylazine, the illicit drug supply has eluded and adapted to conventional mitigation strategies such as drug scheduling and incarceration small-time drug dealers, most of who are addicts themselves. Xylazine, a tranquilizer intended for veter- inary use, has increasingly been found in street drugs- especially those laced with synthetic opioids like fentanyl. This combination has proven deadly and nearly impossible to treat, as xylazine does not respond to naloxone, the standard reversal agent for opioid overdoses. Xylazine causes severe complications in humans such as respiratory depression and skin ulcers that lead to tissue decay and bacterial infections, often resulting in amputation. According to the Centers for Disease Control and Prevention (CDC), the presence of xylazine in drug- poisoning deaths increased by 1,238% between 2018 and 2021. In New York City alone, xylazine was four0 in over 25% of drug samples tested, in 2023, though experts believe .,the actual rate is higher. This bill, rather than resorting to regressive strategies which only exacerbate the social conditions which reproduce addiction and criminal- ity, regulates the source of xylazine's supply rather than criminalize its demand. After thorough discussion with experts, the bill was amended to target the institutional and online entities which allow xylazine to enter the illicit drug market in the first place. With this targeted approach in mind, the civil penalties enumerated in the bill were increased and, considering this new revenue, the bill now includes a restorative funding stream by directing penalties collected under this law to the New York State Drug Treatment and Public Education Fund. Doing so ensures that resources are available to support restorative efforts, such as expanding access to drug treatment, public education initiatives, and harm reduction services, all while regulating the supply of Xylazine. In drafting this bill, we carefully considered the veterinary and scien- tific interests involved in the regulation of this essential but danger- ous drug. It is with this holistic and comprehensive view that we explicitly protected these interests in the language of the bill. By imposing stricter controls, while not criminalizing the sale of xyla- zine, New York State can take, proactive steps to prevent this dangerous substance from exacerbating the opioid crisis and ensure that those who are most vulnerable receive the support they need.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A01248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1248--B
                                                                   R. R. 202
 
                               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, SANTABARBARA, WALSH -- 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  --  reported  and  referred  to  the  Committee on Rules --
          ordered to a third reading, passed by Assembly and  delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the special order  of  third
          reading
 
        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 per occurrence.
    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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02623-07-5

        A. 1248--B                          2
 
     1    4. No  corporation,  partnership,  limited  liability  company,  firm,
     2  online  platform,  or  other  business entity doing business within this
     3  state shall knowingly sell, offer for sale, or deliver  fifty  grams  or
     4  more of xylazine to individuals under the age of twenty-one.
     5    5.  Any  corporation,  partnership,  limited  liability company, firm,
     6  online platform, or other business entity  doing  business  within  this
     7  state which knowingly sells, offers for sale, or distributes fifty grams
     8  or  more  of  xylazine, shall require and retain sales records, proof of
     9  age, and proof of use from all purchasers.
    10    6. Any corporation,  partnership,  limited  liability  company,  firm,
    11  online  platform,  or  other  business entity doing business within this
    12  state that violates the provisions of this section by knowingly selling,
    13  offering for sale, or delivering fifty grams or more of  xylazine  shall
    14  be  subject  to  a civil penalty of not more than three thousand dollars
    15  for a first violation, and sixty-five hundred dollars  for  each  subse-
    16  quent violation, recoverable in an action by the attorney general of the
    17  state  of  New York.   All funds collected or received by the state from
    18  civil penalties imposed under this section shall be deposited in the New
    19  York state drug treatment and public education fund established pursuant
    20  to section ninety-nine-jj of the state finance law.
    21    § 2. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law.
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