senate Bill S743

Establishes no itinerant vendor shall offer for sale baby food, nonprescription drugs, cosmetics and batteries

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 27 / Feb / 2013
    • 1ST REPORT CAL.104
  • 28 / Feb / 2013
    • 2ND REPORT CAL.
  • 04 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2013
    • PASSED SENATE
  • 05 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2013
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2027
Versions:
S743
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §38, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S525A
2009-2010: S39

Sponsor Memo

BILL NUMBER:S743

TITLE OF BILL:
An act
to amend the general business law, in relation to itinerant vendors

PURPOSE:
To clarify which products may not be sold pursuant to § 3B of the
General Business Law, so as to make its provisions more enforceable.
Specifically, the bill establishes that no itinerant vendor, except
for a manufacturer, an authorized manufacturer's representative, or
an authorized distributor, shall offer for sale baby food,
non-prescription drugs, cosmetics, or batteries.

SUMMARY OF PROVISIONS:

§ 1 - Amends § 38 of the General Business Law to specifically define the
following items -- baby food, non-prescription drugs, cosmetics, and
batteries -- as products that may not be sold in flea markets unless
sold by a manufacturer, an authorized manufacturer's representative,
or an authorized distributor.

§ 2 - Effective date.

JUSTIFICATION:
The itinerant vendor statute, which was adopted as Chapter 2B2, Laws
of 1995, was originally enacted to curtail the sale of certain
perishable, high-theft items through flea markets. The 1995 law
focused on baby foods and over-the-counter drugs, as these were items
that professional thieves were targeting to resell through flea
markets and were products that were compromised when exposed to
sunlight and heat.

The need to tighten the definitions in General Business Law § 3B were
brought to light when law enforcement officials in central New York
encountered difficulties in halting the sale of stolen,
non-prescription drugs because of the ambiguous definitions contained
in the current law.
The proposed bill will tighten the current statute by redefining baby
foods and non-prescription drugs. It will further expand the statute
to prevent the sale of cosmetics and batteries by itinerant vendors,
as these products have become high-theft items among those engaged in
organized retail theft and because many cosmetics are similarly
affected by exposure to sunlight and heat and thereby pose a health
risk.

The illegal activity this bill aims to thwart differs from
shoplifting in that shoplifters typically steal single items for
their own use whereas this bill addresses the multiple theft of
products by career criminals who steal primarily to sell the stolen
goods. These crimes are often committed to support other illegal
activity involving drug use.
Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily
concealed, and relatively expensive items. Prohibiting the sale
of these products in flea markets will close an important outlet


to these criminals, thereby making their theft less desirable.
The public health concerns addressed by this bill and the need to
support law enforcement efforts warrant passage of this measure.

LEGISLATIVE HISTORY:
2011-12: Passed the Senate (S. 525A/A.5345A)
2010: Reported to Codes (S.39/A.11029)
2009: Referred to Consumer Protection (S.39/A.11029)
2007-08: Passed Senate (S.4442/A.6462A)
2005-06: A.5670/S.3174
2003-04: A.10822A/S.7128A

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   743

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  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:

  Section 1. Section 38 of the general business law, as added by chapter
282 of the laws of 1995, is amended to read as follows:
  S  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
ER, an authorized manufacturer's representative, or authorized distribu-
tor, shall offer for sale any of the following items:
  1. [Food manufactured and packaged for sale for consumption by a child
under the age of two years; or
  2. Drugs as defined in section three thousand three hundred two of the
public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
  2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
INCLUDE ANY DRUGS COMMONLY KNOWN AS  "OVER-THE-COUNTER  DRUGS,"  DIETARY
SUPPLEMENTS  AS  DEFINED  IN  21 USC 32(FF), AND VITAMINS AND SUBSTANCES
RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES  PHARMACOPOEIA,  OFFI-
CIAL  HOMEOPATHIC  PHARMACOPOEIA  OF  THE  UNITED  STATES,  OR  OFFICIAL
NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
  3. COSMETICS, WHICH SHALL  MEAN  MERCHANDISE,  OTHER  THAN  SOAP,  BUT
INCLUDING  RAZOR  BLADES,  THAT IS INTENDED TO BE RUBBED, POURED, SPRIN-
KLED, OR SPRAYED ONTO, INTRODUCED INTO,  OR  OTHERWISE  APPLIED  TO  THE
HUMAN  BODY  OR  ANY  PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01314-01-3

S. 743                              2

ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
THEREOF; OR
  4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
POWER.
  S 2. This act shall take effect immediately.

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