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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           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.