New Laws for New Yorkers for the New Year

In a state where residents often feel over-taxed and over-regulated, New Yorkers now have more rules they must abide by in order to be a law abiding resident. On December 16th, The New York State Senate enacted legislation and the passage of new laws. One of these laws includes a ban on selling black bear gallbladders and bile.

As noted in the New York State’s Senate’s website (www.nysenate.gov) there are various reasons listed behind the enactment of the new law. The new law (Chapter 468, L.2011, introduced by Sen. Mark Grisanti) bans “the possession and sale of bear gallbladder and bile, a valuable commodity used in some forms of ancient medicine. “

The citation goes on to state “In New York, black bears have been illegally killed for their gallbladders and bile. New York is one of only five states that currently place no restrictions on the trade in bear gallbladders and bile. The loophole complicates law enforcement, encourages poaching, and puts bears at risk.”

A review of New York State’s Department of Environmental Conservation (DEC) laws and restrictions governing hunting licenses and wildlife management, as cited on their website, states that black bears have increased in number since January 2011 and have become a nuisance in certain portions of the state. The DEC reports that 1,064 black bears were harvested legally in 2010. That number is significantly lower than the previous year where 1,487 black bear kills were reported to the DEC. It makes one wonder if hunters are foregoing the purchase of a black bear hunting licenses to by-pass the fee and capitalize instead with ancient medicine makers.

Research has revealed that traditional Chinese Medicine incorporates the use of bear gallbladder and bile which contains ursodeoxycholic acid , and is said to reduce fever, protect the liver, improve eyesight, break down gallstones, and act as an anti-inflammatory. Bear bile is sold throughout Asia for a variety of conditions. The Chinese Herbal Medicine: Materia Medica (1986) by Dan Bensky, Andrew Gamble, and Ted Kaptchuk lists bear bile “as a remedy for trauma, sprains, fractures, hemorrhoids, conjunctivitis, severe hepatitis, high fever, convulsions, and delirium.” The Medica also says that because of the high price of bear bile, cow bile is often substituted at a higher dosage.

The importation and trade of bear bile has been illegal in both the United States and Canada since the mid-80s. Now it is illegal to sell it and possess it. What will those hunters who have legally harvested a black bear do when reporting a kill to the DEC? Do they now dissect and surrender the gallbladder? Siphon the bile from the liver and hand it over in a container? The bill states that legally harvested bear gallbladder and bile may be possessed and prepared as a meal, if there is no charge for the meal.

It is not illegal, however, to purchase synthetic ursodeoxycholic acid in New York State. In fact, there are means to create ursodeoxycholic acid and it can purchased under the names of Ursodiol, Urso and Actigall, among many other generic names. This Federal Drug Administration (FDA) approved prescription medication is used to treat high cholesterol, dissolve gallstones and cirrhosis of the liver. These FDA approved drugs are made by Watson Pharmaceutical and Glenmark Generics, and are available for purchase at your local pharmacy. New York dairy and beef farmers may now have a new way to supplement their income due fallen milk and meat prices.

The ban on bear bile is just one of the few newly enacted laws. Middle class tax cuts and the two-percent property tax cap highlight new state laws that will go into effect on January 1, 2012. New York State health insurance plans will now be required to cover orally administered chemotherapy drugs. Drivers in New York State must now move to an adjacent lane when approaching a “hazard vehicle”, such as a stranded driver or tow truck recovering a vehicle. If drivers do not change lanes, they may face penalty.

There is now also a ban on the sale of “shisha” and water pipes to minors. Shisha is defined as any type of product made primarily of tobacco and intended to be smoked in a water pipe. Finally minors will no longer legally be able to purchase bongs in New York State.


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