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A06506 Summary:

BILL NOA06506B
 
SAME ASSAME AS S06084-B
 
SPONSORTapia
 
COSPNSRZaccaro, Alvarez, Lavine, Rajkumar, De Los Santos, Simone, Reyes, Solages, Dickens, Rivera, Ramos, Ardila, Buttenschon, Forrest, Shimsky, Lucas, Cunningham, Cruz, Simon, Sayegh, Epstein, Bichotte Hermelyn, Bores, Tannousis, Reilly, Brown K, Blumencranz, Chang, Giglio JA, 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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A06506 Actions:

BILL NOA06506B
 
04/12/2023referred to consumer affairs and protection
05/16/2023reported referred to codes
05/18/2023amend and recommit to codes
05/18/2023print number 6506a
05/23/2023reported referred to rules
05/30/2023reported
05/30/2023rules report cal.380
05/30/2023ordered to third reading rules cal.380
05/31/2023passed assembly
05/31/2023delivered to senate
05/31/2023REFERRED TO CONSUMER PROTECTION
01/03/2024DIED IN SENATE
01/03/2024RETURNED TO ASSEMBLY
01/03/2024ordered to third reading cal.186
03/18/2024passed assembly
03/18/2024delivered to senate
03/18/2024REFERRED TO CONSUMER PROTECTION
05/22/2024recalled from senate
05/22/2024RETURNED TO ASSEMBLY
05/22/2024vote reconsidered - restored to third reading
05/22/2024amended on third reading 6506b
05/28/2024repassed assembly
05/28/2024returned to senate
05/28/2024RECOMMITTED TO CONSUMER PROTECTION
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A06506 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6506B
 
SPONSOR: Tapia
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of xylazine   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the sale of xylazine without proof of its intended use for Institutional, veterinary, or scientific purposes.   SUMMARY OF PROVISIONS: Section 1 prohibits the sale and delivery of xylazine in the State with- out-proof of its intended use for institutional, veterinary or scientif- ic purposes. Section 2 sets the effective date.   JUSTIFICATION: We are facing an opioid epidemic of historic levels in the State of New York. Outcomes for individuals are worsening as additives such as fenta- nyl and xylazine are being added to the formula. Unlike fentanyl, the effects of which can be reversed with opioid antagonists like naloxone, xylazine is a tranquilizer with no equivalent reversal agent. Further- more, xylazine can cause not only death but many other complications including unconsciousness and open sores. We need to be proactive and prevent xylazine from being added to opioids being sold on the street to avoid the devastating effects we have seen in other parts of the country. This bill would prohibit the sale of xylazine in person or online without proof that the buyer is using it for its intended use, thus adding some control over the sale and ship- ment of xylazine in our state.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect immediately.
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A06506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6506--B
                                                                Cal. No. 186
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  TAPIA,  ZACCARO,  ALVAREZ, LAVINE, RAJKUMAR,
          DE LOS SANTOS, SIMONE, REYES, SOLAGES, DICKENS, RIVERA, RAMOS, ARDILA,
          BUTTENSCHON, FORREST, SHIMSKY, LUCAS, CUNNINGHAM, CRUZ, SIMON, SAYEGH,
          EPSTEIN,  BICHOTTE HERMELYN,  BORES,  TANNOUSIS,   REILLY,   K. BROWN,
          BLUMENCRANZ,  CHANG,  J. A. GIGLIO,  PIROZZOLO, DeSTEFANO -- read once
          and referred to the Committee on Consumer Affairs  and  Protection  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- ordered to a third reading -- advanced 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 order of third reading
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10463-07-4

        A. 6506--B                          2
 
     1    4. 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  xylazine,
     4  shall  require  and retain sales records, proof of age, and proof of use
     5  from all purchasers.
     6    5.  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 xylazine shall be subject to a civil
    10  penalty of not more than three thousand dollars for a  first  violation,
    11  and  sixty-five hundred dollars for each subsequent violation, recovera-
    12  ble in an action by the attorney general of the state of New York.   All
    13  funds  collected  or  received by the state from civil penalties imposed
    14  under this section shall be deposited in the New York state drug  treat-
    15  ment  and  public education fund established pursuant to section ninety-
    16  nine-jj of the state finance law.
    17    § 2. This act shall take effect immediately.
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