Bill Text: NY S04048 | 2017-2018 | 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: Bipartisan Bill

Status: (Engrossed - Dead) 2018-02-12 - referred to codes [S04048 Detail]

Download: New_York-2017-S04048-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4048
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 2, 2017
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        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    § 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;
    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
    23  attractiveness, or altering the appearance of the human body or any part
    24  thereof; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09588-01-7
        S. 4048                             2
     1    4.  Batteries,  which  shall mean   a device consisting of one or more
     2  cells, each cell consisting of a positive electrode,  a  negative  elec-
     3  trode  and  an  electrolyte,  which is used to provide stored electrical
     4  power.
     5    § 2. This act shall take effect immediately.