Bill Text: NY A00217 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Prohibits the sale of expired goods; unless such goods are clearly marked and segregated from the rest.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A00217 Detail]

Download: New_York-2013-A00217-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          217
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL, ROBINSON, PAULIN, CAHILL, MAISEL,
         DINOWITZ, MARKEY, CLARK, JAFFEE -- Multi-Sponsored  by  --  M.  of  A.
         BOYLAND,  COLTON,  GABRYSZAK,  GLICK,  WEISENBERG  --  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 expired goods
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  349-e to read as follows:
    3    S  349-E.  PROHIBITIONS  AGAINST THE SALE OF EXPIRED GOODS. 1. FOR THE
    4  PURPOSE OF THIS SECTION:
    5    (A) "RETAIL" OR "RETAIL SALE" SHALL MEAN A SALE TO A  CONSUMER  OR  TO
    6  ANY PERSON FOR ANY PURPOSE OTHER THAN FOR RESALE.
    7    (B)  "SELL" OR "OFFER TO SELL" SHALL MEAN THE ACT OF SELLING, DISPLAY-
    8  ING OR OFFERING GOODS FOR RETAIL SALE.
    9    (C) "MERCHANT" SHALL MEAN A PERSON WHO DEALS IN GOODS OF THE  KIND  OR
   10  OTHERWISE  BY  HIS  OR  HER  OCCUPATION  HOLDS HIMSELF OR HERSELF OUT AS
   11  HAVING KNOWLEDGE OR SKILL PARTICULAR TO THE PRACTICES OR GOODS  INVOLVED
   12  IN  THE TRANSACTION OR TO WHOM SUCH KNOWLEDGE OR SKILL MAY BE ATTRIBUTED
   13  BY HIS OR HER EMPLOYMENT OF AN AGENT OR BROKER OR OTHER INTERMEDIARY WHO
   14  BY HIS OR HER OCCUPATION HOLDS HIMSELF OR HERSELF  OUT  AS  HAVING  SUCH
   15  KNOWLEDGE OR SKILL.
   16    (D)  "EXPIRATION  DATE"  SHALL  MEAN THE DATE LISTED ON THE ITEM AFTER
   17  WHICH THE GOODS DECLINE IN QUALITY, FRESHNESS, EFFICACY OR UTILITY.
   18    2. (A) NO MERCHANT SHALL OFFER GOODS FOR RETAIL SALE AFTER THEIR EXPI-
   19  RATION DATE, UNLESS SUCH GOODS ARE SEGREGATED, CLEARLY AND CONSPICUOUSLY
   20  MARKED, AND OFFERED AT A REDUCTION FROM THE CUSTOMARY SELLING  PRICE  AT
   21  WHICH IDENTICAL UNEXPIRED GOODS ARE OFFERED FOR SALE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02018-01-3
       A. 217                              2
    1    (B)  OFFERING  GOODS  FOR  SALE  AFTER  THEIR EXPIRATION DATE SHALL BE
    2  CONSIDERED A VIOLATION OF THE WARRANTY OF MERCHANTABILITY  AND  A  MATE-
    3  RIALLY  DECEPTIVE  ACT, IN VIOLATION OF SECTION THREE HUNDRED FORTY-NINE
    4  OF THIS ARTICLE.
    5    S  2.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law.