senate Bill S722

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to consumer protection
Jan 14, 2009 referred to consumer protection

S722 - Bill Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law

S722 - Bill Texts

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BILL NUMBER: S722

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


PURPOSE :
This legislation amends the General Business Law to specify certain
additional items that itinerant vendors are prohibited from selling,
as well as clarifying the definitions of certain items that itinerant
vendors are currently prohibited from selling.

SUMMARY OF PROVISIONS :
Section 1 amends section 38 of the General Business Law, to prohibit
any itinerant vendor from selling "baby food," "non-prescription
drugs" and "cosmetics" as defined in the bill. Under current law,
itinerant vendors are prohibited from selling certain items, including
food manufactured and packaged for sale for children under the age of
2, and "drugs" as defined in the Public Health Law. This legislation
eliminates these definitions and replaces them with "baby food" and
"non-prescription drugs" and establishes more precise definitions.
Additionally, the legislation adds the category of "cosmetics" to
items that are prohibited from being sold.

Section 2 establishes an effective date.

JUSTIFICATION :
The itinerant vendor statute, which was adopted as Chapter 282 of the
Laws of 1995 was originally enacted to curtail the sale of certain
perishable, high-theft items through the 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 high temperatures. The need to tighten the definitions
in General Business Law section 38 were brought to light this past
year when law enforcement officials in central New York State
encountered difficulties in halting the sale of stolen
non-prescription drugs because of the ambiguous definitions contained
in the current law. The proposed bill would clarify the current
statute by redefining baby foods and non-prescription drugs. It will
expand the statute to include the sale of cosmetics by itinerant
vendors, as these products are increasingly becoming targeted by
thieves and also because exposure to sunlight and heat can compromise
these items. The illegal activity that this bill aims to deter is
different from shoplifting. In shoplifting crimes, individuals
typically steal single items for their own use, whereas this bill
addresses the theft of multiple products by career criminals or
shoplifting "gangs" who seek to steal the goods and then resell them
at a profit. Baby food, non-prescription drugs and cosmetics are
easily targeted by these thieves because they are small, easily
concealable and relatively expensive items.

Prohibiting the sale of these items by itinerant vendors will close an
outlet for these professional thieves to resell the products they
steal, thereby making their theft less desirable.

LEGISLATIVE HISTORY :
2007-08: S.3871, Referred to Consumer Protection
2005-06: S.3174, Passed Senate; Died in Assembly Codes
2004: S.7138-A, Referred to Consumer Protection

FISCAL IMPLICATIONS :
None to the state.

EFFECTIVE DATE :
This act shall take effect immediately.
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