Bill Text: NY S06290 | 2013-2014 | 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 (Republican 4-0)

Status: (Engrossed - Dead) 2014-01-28 - referred to codes [S06290 Detail]

Download: New_York-2013-S06290-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6290
                                   I N  S E N A T E
                                    January 9, 2014
                                      ___________
       Introduced  by  Sens.  ZELDIN,  LARKIN,  RANZENHOFER  --  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    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;
   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
   25    4. BATTERIES, WHICH SHALL MEAN   A DEVICE CONSISTING OF  ONE  OR  MORE
   26  CELLS,  EACH  CELL  CONSISTING OF A POSITIVE ELECTRODE, A NEGATIVE ELEC-
   27  TRODE AND AN ELECTROLYTE, WHICH IS USED  TO  PROVIDE  STORED  ELECTRICAL
   28  POWER.
   29    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01314-01-3