Bill Text: NY A05345 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5345--A 2011-2012 Regular Sessions I N A S S E M B L Y February 16, 2011 ___________ Introduced by M. of A. SCHIMMINGER, CLARK, P. RIVERA -- Multi-Sponsored by -- M. of A. ABBATE, BOYLAND, GALEF, HOOPER, JAFFEE, MAGEE, MAGNAR- ELLI, MAISEL, MARKEY, PERRY, RUSSELL, SWEENEY -- read once and referred to the Committee on Economic Development -- recommitted to the Committee on Economic Development in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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," DIETARY 15 SUPPLEMENTS AS DEFINED IN 21 USC 32(FF), AND VITAMINS AND SUBSTANCES 16 RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPOEIA, OFFI- 17 CIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR OFFICIAL 18 NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00472-03-2 A. 5345--A 2 1 3. COSMETICS, WHICH SHALL MEAN MERCHANDISE, OTHER THAN SOAP, BUT 2 INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE RUBBED, POURED, SPRIN- 3 KLED, OR SPRAYED ONTO, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE 4 HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING 5 ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART 6 THEREOF; OR 7 4. BATTERIES, WHICH SHALL MEAN A DEVICE CONSISTING OF ONE OR MORE 8 CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE, A NEGATIVE ELEC- 9 TRODE AND AN ELECTROLYTE, WHICH IS USED TO PROVIDE STORED ELECTRICAL 10 POWER. 11 S 2. This act shall take effect immediately.