New York S 1263: Prohibits the sale of certain hazardous inhalants to persons under the age of twenty-one

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S01263 Summary:

BILL NOS01263 

&nbsp

SAME ASSAME AS A05192

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SPONSORPERSAUD

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COSPNSR

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MLTSPNSR

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Amd §3380, Pub Health L; add §399-hh, Gen Bus L

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Prohibits the sale of certain hazardous inhalants to persons under the age of twenty-one.

Go to top S01263 Actions:

BILL NOS01263 

&nbsp

01/08/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS01263 Committee&nbspVotes:

Go to topS01263 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01263 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1263

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law and the general business law, in
 relation to prohibiting the sale of certain hazardous inhalants 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. Paragraph (b) of subdivision 1 and subdivision 4 of section
 2 3380 of the public health law, as amended by chapter 234 of the laws of
 3 1985, are amended to read as follows:
 4 (b) As used in this section hazardous inhalants shall mean and include
 5 any of the preparations of compounds containing one or more of the chem-
 6 ical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl
 7 nitrite, pentyl nitrite or any other [akyl] alkyl nitrite compound that
 8 is either designed to be used, or commonly used, as an inhalant.
 9 4. No person shall sell, or offer to sell, to any other person any
 10 tube or other container of any hazardous inhalants or glue containing a
 11 solvent having the property of releasing toxic vapors or fumes:
 12 (a) if [he] such person has knowledge that the product sold, or
 13 offered for sale, will be used for the purpose set forth in subdivision
 14 two of this section; or
 15 (b) unless there has been added to such glue a sufficient quantity of
 16 an additive, approved by the commission, which shall act as a deterrent
 17 to inhalation, and not be harmful or toxic to the human body. This
 18 provision shall not apply to hazardous inhalants or glue manufactured
 19 and sold for industrial use; or
 20 (c) where such other person is under the age of twenty-one years;
 21 provided, however, that this paragraph shall not apply to the inhalation
 22 of any anesthesia or inhalant for medical or dental purposes or where
 23 permitted under paragraph (b) of this subdivision.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03890-01-5

 S. 1263 2

 1 § 2. The general business law is amended by adding a new section 399-
 2 hh to read as follows:
 3 § 399-hh. Sale of hazardous inhalants. 1. No person, corporation,
 4 partnership, limited liability company, firm or any other business
 5 entity doing business within this state shall sell or offer for sale
 6 hazardous inhalants as defined by section thirty-three hundred eighty of
 7 the public health law, except where permitted by such section, to any
 8 person under the age of twenty-one.
 9 2. Any person, corporation, partnership, limited liability company,
 10 firm, or any other business entity doing business within the state sell-
 11 ing, offering for sale, or distributing hazardous inhalants shall
 12 require proof of legal age prior to allowing an individual to
 13 purchase or receive a shipment of hazardous inhalants. Such identifica-
 14 tion shall not be required of any individual who reasonably appears
 15 to be at least thirty years of age, provided, however, that such appear-
 16 ance shall not constitute a defense in any proceeding alleging the sale
 17 or distribution of hazardous inhalants to an individual under twenty-one
 18 years of age.
 19 3. Any person, corporation, partnership, limited liability company,
 20 firm or any other business entity that violates the provisions of this
 21 section shall be subject to a civil penalty of not more than two hundred
 22 fifty dollars for an initial offense and not more than five hundred
 23 dollars for the second and each subsequent offense, pr