{"jurisdiction": "us-ny", "code": "penal", "section": "490.70", "citation": "Penal Law § 490.70", "heading": "Limitations", "text": ["§ 490.70 Limitations.", "1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this article shall not apply where the defendant possessed or used:", "(a) any household product generally available for sale to consumers in this state in the quantity and concentration available for such sale;", "(b) a self-defense spray device in accordance with the provisions of paragraph fourteen of subdivision a of section 265.20 of this chapter;", "(c) a chemical weapon solely for a purpose not prohibited under this chapter, as long as the type and quantity is consistent with such a purpose; or", "(d) a biological agent, toxin, or delivery system solely for prophylactic, protective, bona fide research, or other peaceful purposes.", "2. For the purposes of this section, the phrase \"purposes not prohibited by this chapter\" means the following:", "(a) any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;", "(b) any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;", "(c) any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm; and", "(d) any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/490.70", "from_official_api": true, "plain_english": "The listed chemical- and biological-weapon crimes do not apply to certain ordinary, defensive, or peaceful possession or use.\n- **(1)(a)** Excluded are consumer household products in the **quantity and concentration generally sold** in New York.\n- **(1)(b)** A lawful self-defense spray device under **§ 265.20(a)(14)** is excluded.\n- **(1)(c)** A chemical weapon is excluded when held or used **solely for a purpose this chapter does not prohibit**, in a type and quantity consistent with that purpose.\n- **(1)(d)** A biological agent, toxin, or delivery system is excluded when held or used solely for **prophylactic, protective, bona fide research, or other peaceful purposes**. ★\n- **(2)(a)-(d)** A permitted purpose includes peaceful industrial, agricultural, research, medical, pharmaceutical, or similar activity; protection against toxic chemicals or chemical weapons; a U.S. military purpose not tied to using a chemical weapon or its toxic properties to harm; or a law-enforcement purpose, including domestic riot control and capital punishment.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/490.70", "publisher": "Elyphived LLC"}