[Adopted 4-29-2008 by L.L. No. 10-2008 (Ch. 269, Art. II,
of the 1985 Code)]
A.Â
This Legislature hereby finds and determines that drug and alcohol
testing is now a common practice in the American workplace.
B.Â
This Legislature further finds that drug and alcohol testing can
deter the use of illegal drugs and enhance worker productivity, but
such testing is particularly useful and justified when the interests
of public safety are at stake. For example, the federal Omnibus Transportation
Employee Testing Act of 1991 requires drug and alcohol testing of
safety-sensitive transportation employees in aviation, trucking, railroads
and mass transportation. At the local level, certain employees are
required to undergo drug and alcohol testing, including bus drivers
who drive our children to and from school.
C.Â
This Legislature also determines that many products that can be used
to defraud or defeat drug screening tests are now widely available
and easily obtained. These "masking products" generally fall into
one of four categories:
(1)Â
Dilution substances that are added to a urine specimen at the time
it is collected or are ingested before an individual submits the specimen.
(2)Â
Cleansing substances that detoxify or cleanse urine and are ingested
before an individual submits a urine specimen.
(3)Â
Adulterants that destroy or alter the chemical makeup of drugs and
are added to a urine specimen at the time it is provided.
(4)Â
Synthetic or drug-free urine that is substituted in place of an individual's
specimen.
D.Â
This Legislature further finds and determines that the United States
General Accounting Office issued a report that found that the wide
number or products available to dilute, cleanse, adulterate or substitute
urine specimens could compromise the integrity of drug and alcohol
testing programs.
E.Â
This Legislature further finds that a number of states have enacted
legislation that prohibits the manufacture, marketing, distribution
and use of drug masking products but the State of New York has not
addressed this issue to date.
F.Â
Therefore, the purpose of this article is to protect the health,
safety, and welfare of Suffolk County residents by prohibiting the
sale and use of drug masking products in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any substance or chemical that is intended, for the purpose
of defrauding a lawfully administered drug or alcohol screening test,
to be consumed by a person, introduced into the body of a person or
added to a sample of bodily fluid.
Blood, urine, saliva or other bodily fluid.
An analysis of a sample of bodily fluid collected from a
person for the purpose of detecting the presence of alcohol or drugs
in the bodily fluid of the person.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, joint venture or other entity or
business organization of any kind.
A.Â
It shall be unlawful in the County of Suffolk for any person to manufacture,
advertise, sell, distribute or purchase human urine, synthetic urine
or any adulterant which is intended to defeat or defraud a lawfully
administered drug or alcohol screening test.
B.Â
It shall be unlawful in the County of Suffolk for any person to attempt
to defeat or defraud a lawfully administered drug or alcohol screening
test by the substitution or spiking of a urine sample or other bodily
fluid sample.
C.Â
It shall be unlawful in the County of Suffolk for any person to adulterate
a urine sample or other bodily fluid sample with the intent to defeat
or defraud a lawfully administered drug or alcohol screening test.
Any person who violates the provisions of this article shall
be guilty of an unclassified misdemeanor, punishable by a fine of
up to $1,000 and/or one year in prison.
This article shall apply to actions occurring on or after this
article's effective date.
