S T A T E O F N E W Y O R K
________________________________________________________________________
204
2005-2006 Regular Sessions
I N A S S E M B L Y
January 10, 2005
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Introduced by M. of A. MARKEY, DINOWITZ, MILLMAN, GALEF, SEDDIO, PHEFFER
-- Multi-Sponsored by -- M. of A. M. COHEN, COLTON, CYMBROWITZ,
R. DIAZ, HIKIND, HOOPER, LAFAYETTE, MAYERSOHN, McENENY, WEINSTEIN --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to banning the
sale of utility knives and box cutters to persons under eighteen years
of age
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
2 section 399-qq to read as follows:
3 S 399-QQ. SALE OR PROMOTIONAL DISTRIBUTION OF UTILITY KNIVES, BOX
4 CUTTERS, OR BOX CART CUTTERS. 1. NO PERSON, FIRM, OR CORPORATION SHALL
5 SELL OR OFFER TO SELL OR GIVE AWAY AS EITHER A RETAIL OR WHOLESALE
6 PROMOTION A UTILITY KNIFE, BOX CUTTER, OR BOX CART CUTTER TO ANY PERSON
7 UNDER EIGHTEEN YEARS OF AGE.
8 2. FOR PURPOSES OF THIS SECTION, THE TERM "UTILITY KNIFE", "BOX
9 CUTTER", OR "BOX CART CUTTER" MEANS A KNIFE CONSISTING OF A RAZOR BLADE,
10 RETRACTABLE OR NON-RETRACTABLE, ATTACHED TO OR CONTAINED WITHIN A PLAS-
11 TIC OR METAL HOUSING.
12 3. THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE THE TEMPORARY
13 TRANSFER OF A UTILITY KNIFE, BOX CUTTER, OR BOX CART CUTTER TO A PERSON
14 UNDER EIGHTEEN YEARS OF AGE BY SUCH PERSON`S EMPLOYER WHERE SUCH DEVICE
15 IS POSSESSED ONLY ON THE EMPLOYER`S PREMISES AND ONLY DURING THE COURSE
16 AND SCOPE OF SUCH PERSON`S EMPLOYMENT.
17 4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO RESTRICT THE
18 AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ENACT AND ENFORCE
19 ADDITIONAL LOCAL LAWS, ORDINANCES OR CODES, OR PORTIONS THEREOF,
20 PROVIDED THE PROVISIONS THEREOF ARE NOT INCONSISTENT WITH THE PROVISIONS
21 OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD02656-01-5
A. 204 2
1 5. ANY PERSON, FIRM, OR CORPORATION WHO VIOLATES THE PROVISIONS OF
2 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE
3 HUNDRED DOLLARS.
4 S 2. This act shall take effect on the ninetieth day after it shall
5 have become a law.