2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
391-S - Restricted access to retail sale of dextromethorphan, commonly known as "dxm".


NY Gen Bus L § 391-S (2012) What's This?
 
    * §  391-s.  Restricted  access  to  retail  sale of dextromethorphan,
  commonly known as "dxm". 1. No retail establishment  offering  for  sale
  any   product   or   products   containing   as   an  active  ingredient
  dextromethorphan, shall permit the sale  of  such  products  to  persons
  under   the  age  of  eighteen  without  a  valid  prescription.  Retail
  establishments shall require proof of legal age  for  purchase  of  such
  products. Such identification need not be required of any individual who
  reasonably  appears  to  be at least twenty-five years of age, provided,
  however, that such appearance shall not  constitute  a  defense  in  any
  proceeding alleging the sale of any product or products containing as an
  active ingredient dextromethorphan to an individual under eighteen years
  of  age.  Any retail establishment which violates the provisions of this
  section shall be subject to a fine of two hundred fifty dollars for each
  such violation.
    2. As used in this section "retail establishment" means  every  vendor
  that  in  the  regular  course  of  business  sells  products containing
  dextromethorphan at retail directly to the  public  including,  but  not
  limited to, pharmacies, grocery stores, and other retail stores.
    3.   This  section  shall  supersede  any  local  laws  or  ordinances
  regulating the sales of products containing dextromethorphan.
    * NB There are 2 § 391-s's
    * NB Effective March 26, 2014

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