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.
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.
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.
