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Bill to Schedule Salvia
In New York State
June 2005
From http://public.leginfo.state.ny.us/

BILL TEXT:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4987
 
                               2005-2006 Regular Sessions
 
                    IN SENATE
 
                                     April 18, 2005
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of salvia divinorum to persons in New York state
 
          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  391-p to read as follows:
     3    § 391-p. Sale or distribution of salvia divinorum. 1. No person, firm,
     4  corporation,  partnership,  association,  limited  liability company, or
     5  other entity shall sell or offer to sell  or  give  away,  as  either  a
     6  retail  or  wholesale  promotion,  salvia  divinorum,  commonly known as

     7  salvia within New York state, except as authorized by subdivision  three
     8  of this section.
     9    2.  For purposes of this section, the term salvia divinorum shall mean
    10  the herb frequently referred to as "Ska Maria  Pastora"  and  "Diviner's
    11  Sage" which is a perennial herb in the mint family that resembles sage.

    12    3.  Nothing  in  this section shall apply to nonprescription over-the-
    13  counter drugs approved or regulated by the federal food and drug  admin-
    14  istration.
    15    4.  Any  person,  firm, corporation, partnership, association, limited
    16  liability company, or other entity that violates the provisions of  this

    17  section  by selling, offering to sell, or giving away as either a retail
    18  or wholesale promotion salvia divinorum, shall be  subject  to  a  civil
    19  penalty of not more than five hundred dollars per violation, recoverable
    20  in an action by any enforcement authority designated by any municipality
    21  or political subdivision.

    22    5.  It shall be a defense that any person, firm, corporation, partner-
    23  ship, association, limited liability company, or other entity that sold,
    24  offered for sale, or gave away as either a retail or wholesale promotion
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08207-01-5

S. 4987 2 1 salvia divinorum, did not have knowledge that it was salvia divinorum, 2 if such knowledge was not reasonably discoverable. 3 § 2. This act shall take effect on the sixtieth day after it shall 4 have become a law.