N.Y. General Business Law § 833: Restricted access to retail sale of dextromethorphan, commonly known as "dxm"

§ 833. 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