Bill Text: PA HB533 | 2009-2010 | Regular Session | Introduced

---

Bill Title: In trade and commerce, prohibiting the sale of food, nonprescription drugs and cosmetics under certain circumstances; and imposing penalties.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2009-02-19 - Referred to JUDICIARY [HB533 Detail]

Download: Pennsylvania-2009-HB533-Introduced.html

---

PRINTER'S NO. 583
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 533 Session of2009
INTRODUCED BY CRUZ, YOUNGBLOOD, HORNAMAN, SIPTROTH, PARKER, M. O'BRIEN, JOSEPHS AND MILNE, FEBRUARY 19, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 19, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in trade and commerce, prohibiting the
sale of food, nonprescription drugs and cosmetics under
certain circumstances; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7332. Unlawful sale of food, nonprescription drugs and
cosmetics.
(a) General rule.--No person shall sell or offer to sell to
the public:
(1) any nonprescription drug, infant formula or baby
food which is subject to expiration dating requirements
issued by the Food and Drug Administration or other food
bearing an expiration date on its label or packaging if the
date of expiration has passed; or
(2) any infant formula or baby food which is subject to
expiration dating requirements issued by the Food and Drug
Administration, any nonprescription drug or cosmetic or any
other food bearing an expiration date on its label or
packaging unless that person presents, within five days of
the request, a written record of the purchase of that
product, which record or invoice shall:
(i) specifically identify the product being sold by
the product name, quantity purchased, that quantity being
denoted by item, box, crate, pallet or otherwise, and
date of purchase; and
(ii) contain the complete name or business name,
address and telephone number of the person from whom that
product was purchased.
(b) Applicability.--The provisions of subsection (a) shall
not apply to a transaction involving less than $50 of product
between persons selling that product in the same general market
area on the same day.
(c) Penalty.--A person who violates this section shall, upon
conviction, be sentenced to:
(1) a fine not to exceed $300 for a first offense;
(2) a fine not to exceed $300 or a term of imprisonment
for not more than 90 days, or both, for a second offense; or
(3) a revocation of any license, including a business
privilege license or sales license, held by such person to
operate the business in which the product was sold for a
third or subsequent offense.
Section 2. This act shall take effect in 60 days.
20090HB0533PN0583 - 2 -