New York Consolidated Laws, General Business Law - GBS § 830. Sale of sodium nitrate and sodium nitrite

1. No person, corporation, partnership, limited liability company, firm or any other business entity doing business within this state shall sell or offer for sale sodium nitrate or sodium nitrite to any person under the age of twenty-one.  This restriction shall not apply to foods containing sodium nitrate or sodium nitrite in compliance with the requirements of 9 CFR Part 424 or 21 CFR Part 172.

2. Any person, corporation, partnership, limited liability company, firm, or any other business entity doing business within the state selling, offering for sale, or distributing sodium nitrate or sodium nitrite, except as permitted by subdivision one of this section, shall require proof of legal age prior to allowing an individual to purchase or receive a shipment of sodium nitrate or sodium nitrite.  Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale or distribution of sodium nitrate or sodium nitrite to an individual under twenty-one years of age.

3. Any person, corporation, partnership, limited liability company, firm or any other business entity that violates the provisions of this section shall be subject to a civil penalty of not more than two hundred fifty dollars for an initial offense and not more than five hundred dollars for the second and each subsequent offense, provided this section shall not be construed to limit any other criminal or civil liability such person, corporation, partnership, limited liability company, firm or other business entity may be subject to under law.