What's happening
This bill prohibits the sale, manufacture, distribution, or transport of helium-inflated balloons in New York, with exceptions for scientific or governmental use.
Why it matters
Addresses environmental concerns. Helium-filled balloons are a significant source of litter and pose dangers to wildlife, especially marine animals that can mistake balloon fragments for food or become entangled in attached strings.
Aims to conserve a limited resource. Helium is a non-renewable gas with critical uses in medical imaging (like MRI machines), scientific research, and industrial applications. Restricting frivolous uses, such as balloons, helps preserve helium for essential needs.
Imposes enforceable penalties and legal remedies. The bill empowers the Attorney General to seek injunctions and civil penalties (up to $500 per violation), meaning businesses face real consequences for noncompliance and incentivizing adherence to the law.
Provides narrow exceptions for science and government. By allowing helium balloons only for scientific experiments or governmental contracts, the bill attempts to balance environmental and resource concerns with the needs of research and public agencies.
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Who cares
Headline styles
Ban Helium Balloons Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8705
2019-2020 Regular Sessions
IN ASSEMBLY
October 23, 2019
Introduced by M. of A. HUNTER -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the sale of helium inflated balloons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-jj to read as follows:
§ 399-jj. Prohibition of the sale of helium inflated balloons. 1. For the purpose of this section "helium inflated balloon" shall mean any inflatable object inflated with helium gas.
2. It shall be unlawful for any person, corporation, partnership or limited liability company to sell, offer for sale, manufacture, distribute, or transport in this state any helium inflated balloon.
3. This section shall not apply to balloons which are used for the purpose of carrying scientific experimentation during the performance of an experiment or test by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
4. Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13849-01-9
A. 8705 2
hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than five hundred dollars for each violation. Each sale of a helium inflated balloon or balloons in violation of this section shall constitute a separate violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.