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Assembly Bill A3656

2009-2010 Legislative Session

Prohibits the sale of expired goods

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Archive: Last Bill Status - In Assembly Committee

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2009-A3656 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง349-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1457
2013-2014: A217
2015-2016: A432
2017-2018: A2272

2009-A3656 (ACTIVE) - Summary

Prohibits the sale of expired goods; unless such goods are clearly marked and segregated from the rest.

2009-A3656 (ACTIVE) - Bill Text download pdf 

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

                                  3656

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, LATIMER, ROBINSON, PAULIN, BENJAMIN,
  GREENE, SEMINERIO, CAHILL, REILLY, CARROZZA, MAISEL, DINOWITZ, MARKEY,
  FIELDS, CLARK, JAFFEE -- Multi-Sponsored  by  --  M.  of  A.  BOYLAND,
  COLTON,  ESPAILLAT,  GABRYSZAK, GLICK, JEFFRIES, KOON, LANCMAN, MAYER-
  SOHN, WEISENBERG -- read once and referred to the Committee on Consum-
  er Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  sale of expired goods

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
349-d to read as follows:
  S  349-D.  PROHIBITIONS  AGAINST THE SALE OF EXPIRED GOODS. 1. FOR THE
PURPOSE OF THIS SECTION:
  (A) "RETAIL" OR "RETAIL SALE" SHALL MEAN A SALE TO A  CONSUMER  OR  TO
ANY PERSON FOR ANY PURPOSE OTHER THAN FOR RESALE.
  (B)  "SELL" OR "OFFER TO SELL" SHALL MEAN THE ACT OF SELLING, DISPLAY-
ING OR OFFERING GOODS FOR RETAIL SALE.
  (C) "MERCHANT" SHALL MEAN A PERSON WHO DEALS IN GOODS OF THE  KIND  OR
OTHERWISE  BY  HIS  OR  HER  OCCUPATION  HOLDS HIMSELF OR HERSELF OUT AS
HAVING KNOWLEDGE OR SKILL PARTICULAR TO THE PRACTICES OR GOODS  INVOLVED
IN  THE TRANSACTION OR TO WHOM SUCH KNOWLEDGE OR SKILL MAY BE ATTRIBUTED
BY HIS OR HER EMPLOYMENT OF AN AGENT OR BROKER OR OTHER INTERMEDIARY WHO
BY HIS OR HER OCCUPATION HOLDS HIMSELF OR HERSELF  OUT  AS  HAVING  SUCH
KNOWLEDGE OR SKILL.
  (D)  "EXPIRATION  DATE"  SHALL  MEAN THE DATE LISTED ON THE ITEM AFTER
WHICH THE GOODS DECLINE IN QUALITY, FRESHNESS, EFFICACY OR UTILITY.
  2. (A) NO MERCHANT SHALL OFFER GOODS FOR RETAIL SALE AFTER THEIR EXPI-
RATION DATE, UNLESS SUCH GOODS ARE SEGREGATED, CLEARLY AND CONSPICUOUSLY
MARKED, AND OFFERED AT A REDUCTION FROM THE CUSTOMARY SELLING  PRICE  AT
WHICH IDENTICAL UNEXPIRED GOODS ARE OFFERED FOR SALE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05663-01-9

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