Bill Text: NY A05345 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes no itinerant vendor, except for a manufacturer, an authorized manufacturer's representative, or authorized distributor, shall offer for sale baby food, nonprescription drugs, cosmetics or batteries.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2012-05-29 - print number 5345a [A05345 Detail]

Download: New_York-2011-A05345-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5345
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 16, 2011
                                      ___________
       Introduced  by M. of A. SCHIMMINGER, CLARK, MAYERSOHN -- Multi-Sponsored
         by -- M. of A.  ABBATE, BOYLAND, GALEF, HOOPER, JAFFEE, MAGEE, MAGNAR-
         ELLI, MAISEL, MARKEY, PERRY, RUSSELL, SWEENEY, TOWNS -- read once  and
         referred to the Committee on Economic Development
       AN  ACT  to  amend  the  general  business law, in relation to itinerant
         vendors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 38 of the general business law, as added by chapter
    2  282 of the laws of 1995, is amended to read as follows:
    3    S  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
    4  ER, an authorized manufacturer's representative, or authorized distribu-
    5  tor, shall offer for sale any of the following items:
    6    1. [Food manufactured and packaged for sale for consumption by a child
    7  under the age of two years; or
    8    2. Drugs as defined in section three thousand three hundred two of the
    9  public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
   10  AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
   11  AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
   12    2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
   13  CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
   14  INCLUDE ANY DRUGS COMMONLY KNOWN  AS  "OVER-THE-COUNTER  DRUGS,"  HERBAL
   15  PRODUCTS,  DIETARY  SUPPLEMENTS,  BOTANICAL  EXTRACTS,  AND VITAMINS AND
   16  SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO-
   17  EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES,  OR  OFFI-
   18  CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
   19    3.  COSMETICS,  WHICH  SHALL  MEAN  MERCHANDISE,  OTHER THAN SOAP, BUT
   20  INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE  RUBBED,  POURED,  SPRIN-
   21  KLED,  OR  SPRAYED  ONTO,  INTRODUCED  INTO, OR OTHERWISE APPLIED TO THE
   22  HUMAN BODY OR ANY PART THEREOF  FOR  CLEANSING,  BEAUTIFYING,  PROMOTING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00472-01-1
       A. 5345                             2
    1  ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
    2  THEREOF; OR
    3    4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
    4  CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
    5  TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
    6  POWER.
    7    S 2. This act shall take effect immediately.