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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
 
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 Actions:

BILL NOA01248
 
01/09/2025referred to consumer affairs and 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: A1248
 
SPONSOR: Tapia
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of xylazine   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 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 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 found 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
 
                               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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