NY State Senate Bill 2009-S3316

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Mar 16, 2009	referred to consumer protection

co-Sponsors

2009-S3316 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §214-i, Ag & Mkts L

2009-S3316 (ACTIVE) - Summary

Establishes a permanent state item pricing law; provides that such item pricing shall apply to food, certain paper products, certain cleaning products, and certain health and beauty aids; provides for the enforcement of item pricing by the department of agriculture and markets and by municipal directors of consumer affairs or weights and measures; provides for monetary penalties for violations

2009-S3316 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3316

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to item
pricing

 PURPOSE :

To establish a permanent state item pricing law.

 SUMMARY OF PROVISIONS :

This bill adds a new section 214-i to the Agriculture and markets law,
replacing the former item pricing law, which expired June 30, 1991,
with the following provisions:

-institutes permanent item pricing requirements;

-defines terms including "stock keeping unit" and "stock keeping
item";

-establishes an item-specific list of goods which are exempt from the
item pricing requirement, which include:

a. Milk,

b. Eggs,

c. unpackaged fresh produce,

d. unpackaged food offered for sale in bulk,

e. food sold for consumption on the premises,

f. stock keeping items which are under three cubic inches in size, and
weigh less than three ounces, and are priced under one dollar,

g. snack foods such as cake, gum, candies, chips and nuts offered for
sale in single packages and weighing five ounces or less,

h. cigarettes, cigars, tobacco, and tobacco products,

i. items sold through a vending machine,

j. 7 day sale items,

k. frozen food sold in plastic bags.

-clarifies the prohibition against charging a consumer more than the
lowest of an item's shelf, item, sale, or advertised price;

-provides for enforcement of item pricing by allowing the Department
to inspect a sample of no less than fifty stock keeping units, and to
also inspect any stock keeping unit upon which a consumer complaint is
received;

-provides for enforcement of the price accuracy provision by allowing
the Department to compare the item, shelf, sale, or advertised price
on any stock keeping item, up to 500 stock keeping items at anyone
inspection, with the programmed computer price;

-establishes penalties as follows for each stock keeping unit with
three or more unmarked items:  upon a first violation, $50 for each of
the first four violations; $100 for each of the next" twelve
violations; and $150 for each additional violation - with $5,000 cap
on total penalties on a first inspection. For penalties in second. and
subsequent violations, the penalties are doubled without limitation;

-establishes the following penalties for violations of the price
accuracy law, in the event the programmed computer price exceeds the
item, shelf, sale or advertised price of any stock keeping item: $50
per violation for the first 2% of the stock keeping items compared;
$100 per violation for the next 2%; and $300 per violation for each
additional violation. For subsequent violations in a twelve-month
period, the above penalties are doubled;

-allows inspectors to issue stop-removal orders for items lacking item
prices as well as for scanners or other devices that inaccurately
price stock keeping items; stop-removal orders for scanning systems or
other devices could be stayed for up to two hours while the store
corrects the errors if either: the items affected are not offered for
sale or notices are posted at cash registers concerning the errors and
the store ensures that consumers are charged the correct prices;

-provides that the municipal directors of consumer affairs offices and
weights and measures offices may enforce the item pricing law after
giving notice to the Department of Agriculture and Markets; and

-provides that localities may adopt and enforce additional local laws
which exceed the minimum applicable standards in this section.

The former section 214-1 of the Agriculture and Markets Law required
food retailers to affix prices onto certain items through June 30,
1991. The following items were specifically exempt from the item
pricing requirement:

a. identical items within a multi-item package;

b. Milk;

c. items that are under three cubic inches, weigh less than three
ounces and cost less than 50 cents;

d. Eggs;

e. unpackaged bulk or fresh produce;

f. items sold in vending machines;

g. food sold for consumption on the premises;

h. sale items;

i. snack foods; and

j. cigarettes, cigars, tobacco, and tobacco products.

In addition, food retailers were permitted to refrain from placing
item prices on up to 4.5% of the non-exempt commodities offered for
sale. New York City and other localities have enacted item pricing
laws following the expiration of section 214-i, but there is no
uniform State law on item pricing now in effect.

 JUSTIFICATION :

The former law on item pricing, which required food retailers to affix
prices onto products, provided an essential protection for consumers,
particularly those on fixed incomes. Without an item price, a consumer
cannot verify the accuracy of the cashier or laser scanner at the
check-out counter, compare the prices of various items throughout a

store, or compute the cost of a market basket. Consumers consistently
report that they want and need item pricing.

Without a clear and enforceable statute, however, stores do not
rigorously item price their commodities and consumers become more and
more frustrated with the absence of item prices on the products for
which they shop. Additionally, due to consumer complaints that
scanners charge prices higher than advertised, the bill provides for
the Department to compare scanner prices with the price identified on
the shelf, the item, or in the sale promotion. The former State law
was less than effective, primarily because of problems in
implementation and enforcement. Chapter 577 of the Laws of 1989
extended the item pricing law through June 1991, with the
understanding that the Legislature would work in good faith to pass a
bill that contained stronger enforcement mechanisms. Under the open
4.5% exemption which previously existed, the products that were not
required to be item priced could change from day to day. In addition,
determining violators of the 4.5% exemption generally required an
exhaustive inspection in which inspectors had to count all the
non-exempt items offered for sale in a store in order to determine bow
many items may be excluded from item pricing and how many items in
fact had been item priced in a given sample.  The inspectors and store
owners alike found the Handbook 133 procedure to be unworkable in
sampling products to determine violations. The penalties provided
under the expired law often amounted to no more than a slap on the
wrist even for stores that consistently failed to follow the item
pricing law. This proposal makes the penalty structure for item
pricing consistent with penalties for violations relating to the
labeling, advertising, packaging and safety of food.  Moreover, the
bill's stop-removal order provisions give inspectors the necessary
authorization to stop the sale of inaccurately priced items on
scanning or other pricing systems until they are connected. The
provision for a two-hour stay for stop-removal orders affecting an
entire laser scanning system or other device provides a reasonable
amount of time to stores to rectify their errors while ensuring that
consumers are charged the correct prices pending the adjustments
necessary.

The bill would provide a state item pricing law which is permanent and
enforceable, with which stores can comply and that safeguards the most
basic of consumer protections: the right to know.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2009-S3316 (ACTIVE) - Bill Text download pdf

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

                                  3316

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the agriculture and markets law,  in  relation  to  item
  pricing

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 214-i to read as follows:
  S  214-I.   ITEM PRICING.  1.  DECLARATION OF LEGISLATIVE FINDINGS AND
INTENT.  THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THERE  IS  TECH-
NOLOGY  UTILIZING A LASER SCANNING DEVICE OFFERING NUMEROUS EFFICIENCIES
AND ECONOMIES TO THE OPERATION OF THE RETAIL FOOD INDUSTRY, THE  USE  OF
WHICH  MAY MAKE IT ECONOMICALLY ADVANTAGEOUS FOR RETAIL STORES TO REMOVE
PRICE MARKINGS ON INDIVIDUAL GROCERY ITEMS.    THE  LEGISLATURE  FURTHER
FINDS  THAT  PRICE  MARKING CONSTITUTES AN INDISPENSABLE INGREDIENT TO A
CONSUMER'S RIGHT TO ALL REASONABLE  INFORMATION  IN  ORDER  TO  MAKE  AN
INFORMED PURCHASE CHOICE.
  THEREFORE,  THE LEGISLATURE DECLARES THAT REQUIRING ITEM PRICE MARKING
IS NECESSARY TO PROTECT  THE  INTEREST  OF  THE  CONSUMING  PUBLIC,  AND
FURTHER  DECLARES  THAT  IT  IS IN THE PUBLIC INTEREST TO PROMOTE USEFUL
TECHNOLOGY BY  PERMITTING  CONTINUED  TESTING  AND  DEVELOPMENT  OF  THE
UNIVERSAL PRODUCT CODE CHECKOUT SYSTEM WITHOUT THE REMOVAL OF ITEM PRIC-
ES.
  IT  IS  THE  INTENT  OF THIS LEGISLATION TO ENSURE THAT CONSUMER GOODS
OFFERED FOR SALE IN NEW YORK STATE ARE CLEARLY,  ADEQUATELY,  AND  ACCU-
RATELY PRICE MARKED.
  2.   DEFINITIONS.   THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS FOR THE PURPOSE OF THIS SECTION:
  A. "STOCK KEEPING UNIT" OR "UNIT"  SHALL  MEAN  EACH  GROUP  OF  ITEMS
OFFERED  FOR  SALE  OF THE SAME BRAND NAME, QUANTITY OF CONTENTS, RETAIL
PRICE, AND VARIETY WITHIN THE FOLLOWING CATEGORIES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09145-01-9

S. 3316                             2

  (I)  FOOD, INCLUDING ALL MATERIAL, SOLID,  LIQUID  OR  MIXED,  WHETHER
SIMPLE  OR COMPOUND, USED OR INTENDED FOR CONSUMPTION BY HUMAN BEINGS OR
DOMESTIC ANIMALS NORMALLY KEPT AS HOUSEHOLD PETS AND ALL  SUBSTANCES  OR
INGREDIENTS TO BE ADDED THERETO FOR ANY PURPOSE;
  (II)   NAPKINS, FACIAL TISSUES, TOILET TISSUES, PAPER TOWELING AND ANY
DISPOSABLE WRAPPING OR CONTAINER FOR THE STORAGE, HANDLING, SERVING,  OR
DISPOSAL OF FOOD;
  (III)  DETERGENTS, SOAPS AND OTHER CLEANSING AGENTS; AND
  (IV)  NON-PRESCRIPTION DRUGS, FEMININE HYGIENE PRODUCTS AND HEALTH AND
BEAUTY AIDS.
  B.    "STOCK  KEEPING  ITEM" OR "ITEM" SHALL MEAN EACH ITEM OF A STOCK
KEEPING UNIT OFFERED FOR SALE.
  C.  "RETAIL STORE" SHALL MEAN A STORE SELLING STOCK KEEPING  UNITS  AT
RETAIL.  A STORE WHICH IS NOT OPEN TO THE GENERAL PUBLIC BUT IS RESERVED
FOR  USE  BY  ITS MEMBERS SHALL COME WITHIN THE PROVISIONS OF THIS DEFI-
NITION UNLESS THE MEMBERS MUST PAY A DIRECT FEE TO THE STORE TO  QUALIFY
FOR  MEMBERSHIP  AND  THE  STORE IS NOT REQUIRED TO COLLECT SALES TAX ON
TRANSACTIONS WITH MEMBERS.   PURSUANT TO THIS SECTION,  A  RETAIL  STORE
SHALL NOT INCLUDE ANY STORE WHICH:
  (I)    HAS  AS  ITS  ONLY FULL-TIME EMPLOYEE THE OWNER THEREOF, OR THE
PARENT, SPOUSE OR CHILD OF THE OWNER, AND IN ADDITION THERETO  NOT  MORE
THAN TWO FULL-TIME EMPLOYEES; OR
  (II)    HAD  ANNUAL GROSS SALES OF STOCK KEEPING UNITS IN THE PREVIOUS
CALENDAR YEAR OF LESS THAN THREE  MILLION  DOLLARS,  UNLESS  THE  RETAIL
STORE  IS  PART OF A NETWORK OF SUBSIDIARIES, AFFILIATES OR OTHER MEMBER
STORES, UNDER DIRECT OR INDIRECT COMMON CONTROL, WHICH AS A  GROUP,  HAD
ANNUAL  GROSS SALES OF STOCK KEEPING ITEMS IN THE PREVIOUS CALENDAR YEAR
OF THREE MILLION DOLLARS OR MORE; OR
  (III)  ENGAGES PRIMARILY IN THE SALE OF FOOD FOR  CONSUMPTION  ON  THE
PREMISES  OR  IN A SPECIALTY TRADE WHICH THE COMMISSIONER DETERMINES, BY
REGULATION, WOULD BE INAPPROPRIATE FOR ITEM PRICING.
  D.  "ITEM PRICE" SHALL MEAN THE TAG, STAMP OR MARK AFFIXED TO A  STOCK
KEEPING  ITEM  WHICH  SETS  FORTH,  IN ARABIC NUMERALS, THE RETAIL PRICE
THEREOF.
  E.  "ADVERTISED PRICE" SHALL MEAN THE PRICE OF A  STOCK  KEEPING  UNIT
WHICH  A  RETAIL  STORE HAS CAUSED TO BE DISSEMINATED BY MEANS OF PROMO-
TIONAL METHODS SUCH AS AN IN-STORE SIGN, NEWSPAPER, CIRCULAR, TELEVISION
OR RADIO ADVERTISING.
  F.  "SHELF PRICE" SHALL MEAN THE TAG OR SIGN PLACED BY  AN  AUTHORIZED
PERSON  AT  EACH POINT OF DISPLAY OF A STOCK KEEPING UNIT, WHICH CLEARLY
SETS FORTH THE RETAIL PRICE OF THE STOCK KEEPING ITEMS WITHIN THAT STOCK
KEEPING UNIT.
  G. "SALE PRICE" SHALL MEAN THE PRICE OF STOCK KEEPING ITEMS OFFERED ON
SALE IN GOOD FAITH AT A PRICE BELOW THE PRICE FOR WHICH SUCH STOCK KEEP-
ING ITEMS ARE USUALLY SOLD IN THE RETAIL STORE, FOR A STATED  PERIOD  OF
TIME NOT TO EXCEED SEVEN DAYS.
  H.    "COMPUTER-ASSISTED  CHECKOUT  SYSTEM"  SHALL MEAN ANY ELECTRONIC
DEVICE, COMPUTER SYSTEM OR MACHINE WHICH  DETERMINES  OR  INDICATES  THE
SELLING  PRICE  OF  A  STOCK  KEEPING ITEM BY INTERPRETING ITS UNIVERSAL
PRODUCT CODE, OR AN IN-HOUSE PRODUCT CODE, OR BY USE OF ITS PRICE  LOOK-
UP FUNCTION.
  I.  "PRICE LOOK-UP FUNCTION" SHALL MEAN THE CAPABILITY OF ANY CHECKOUT
SYSTEM  TO  DETERMINE THE RETAIL PRICE OF A STOCK KEEPING ITEM BY WAY OF
ENTRY INTO THE SYSTEM OF A CODE NUMBER OR OTHER  INDICATOR  ASSIGNED  TO
THAT  ITEM'S  STOCK  KEEPING  UNIT  BY THE RETAIL STORE OR BY WAY OF THE

S. 3316                             3

CHECKOUT OPERATOR'S CONSULTATION OF A FILE MAINTAINED AT  THE  POINT  OF
SALE.
  J.    "INSPECTOR"  SHALL MEAN AN AUTHORIZED GOVERNMENT OFFICIAL HAVING
THE JURISDICTION TO ENFORCE THE PROVISIONS OF THIS SECTION.
  3.   ITEM PRICING REQUIRED.   A.   EVERY  PERSON,  FIRM,  PARTNERSHIP,
CORPORATION  OR  ASSOCIATION WHICH SELLS, OFFERS FOR SALE OR EXPOSES FOR
SALE A STOCK KEEPING UNIT IN A  RETAIL  STORE,  SHALL  DISCLOSE  TO  THE
CONSUMER THE ITEM PRICE OF EACH STOCK KEEPING ITEM EXCEPT AS PROVIDED IN
PARAGRAPH B OF THIS SUBDIVISION BY CAUSING THE ITEM PRICE TO BE CONSPIC-
UOUSLY, CLEARLY AND PLAINLY MARKED, STAMPED, TAGGED OR AFFIXED THERETO.
  B.  STOCK  KEEPING ITEMS OF THE FOLLOWING STOCK KEEPING UNITS NEED NOT
BE ITEM PRICED AS PROVIDED IN THIS SUBDIVISION  PROVIDED  THAT  A  SHELF
PRICE AND A PRICE LOOK-UP FUNCTION ARE MAINTAINED FOR SUCH STOCK KEEPING
UNITS:
  (I)  MILK;
  (II)  EGGS;
  (III)  UNPACKAGED FRESH PRODUCE;
  (IV)  UNPACKAGED FOOD OFFERED FOR SALE IN BULK;
  (V)  FOOD SOLD FOR CONSUMPTION ON THE PREMISES;
  (VI)   STOCK KEEPING ITEMS WHICH ARE UNDER THREE CUBIC INCHES IN SIZE,
AND WEIGH LESS THAN THREE OUNCES, AND ARE PRICED UNDER ONE DOLLAR;
  (VII)  SNACK FOODS SUCH AS CAKES, GUM, CANDIES, CHIPS AND NUTS OFFERED
FOR SALE IN SINGLE PACKAGES AND WEIGHING FIVE OUNCES OR LESS;
  (VIII)  CIGARETTES, CIGARS, TOBACCO AND TOBACCO PRODUCTS;
  (IX)  ITEMS SOLD THROUGH A VENDING MACHINE;
  (X) ITEMS OFFERED AT A SALE PRICE, PROVIDED THAT THE  SALE  PRICE  AND
BEGINNING  AND  ENDING  DATES  OF THE SALES ARE CLEARLY INDICATED TO THE
CONSUMER BY CONSPICUOUS SIGNS LOCATED AT OR NEAR  THE  DISPLAY  OF  SUCH
ITEMS; AND
  (XI) FROZEN FOOD PACKAGED IN PLASTIC OR POLYETHYLENE BAGS.
  C.  THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS AS HE OR SHE
DEEMS NECESSARY, TO ENSURE THAT UNIT PRICES, AS REQUIRED  UNDER  SECTION
TWO  HUNDRED FOURTEEN-H OF THIS ARTICLE, ARE OF ADEQUATE SIZE, COLOR AND
LOCATION TO ENHANCE VISIBILITY BY THE CONSUMER FOR THE  UNITS  INDICATED
BY PARAGRAPH B OF THIS SUBDIVISION.
  4.    PRICE ACCURACY.  NO RETAIL STORE SHALL CHARGE A RETAIL PRICE FOR
ANY EXEMPT OR NON-EXEMPT STOCK KEEPING ITEM WHICH EXCEEDS THE  LOWER  OF
ANY ITEM, SHELF, SALE OR ADVERTISED PRICE OF SUCH STOCK KEEPING ITEM.
  5.  ENFORCEMENT,  INSPECTION PROCEDURES.   A. FOR ANY INSPECTION UNDER
THIS SECTION, THE STORE REPRESENTATIVE SHALL AFFORD THE INSPECTOR ACCESS
TO THE TEST MODE OF THE CHECKOUT SYSTEM AND TO THE RETAIL PRICE INFORMA-
TION CONTAINED IN A PRICE LOOK-UP FUNCTION.
  B. FOR THE PURPOSE  OF  DETERMINING  A  STORE'S  COMPLIANCE  WITH  THE
REQUIREMENTS  OF  SUBDIVISION THREE OF THIS SECTION, AN INSPECTION SHALL
BE CONDUCTED OF A SAMPLE OF NO LESS  THAN  FIFTY  STOCK  KEEPING  UNITS.
HOWEVER,  IN  THE EVENT THE COMMISSIONER HAS RECEIVED A SPECIFIC WRITTEN
COMPLAINT, NO SUCH MINIMUM SAMPLE SHALL BE REQUIRED IN THE INVESTIGATION
OF SAME.
  C. IN A STORE WITH A LASER SCANNING OR OTHER COMPUTER ASSISTED  CHECK-
OUT  SYSTEM, THE ENFORCING AGENT SHALL BE PERMITTED TO COMPARE THE ITEM,
SHELF, SALE OR ADVERTISED PRICE ON ANY ONE OR MORE STOCK  KEEPING  ITEMS
SOLD IN THE STORE, NOT TO EXCEED FIVE HUNDRED STOCK KEEPING ITEMS AT ANY
ONE  INSPECTION,  WITH THE PROGRAMMED COMPUTER PRICE.  NO MINIMUM SAMPLE
SHALL BE REQUIRED FOR AN INSPECTION FOR PRICE ACCURACY.  THE STORE SHALL
PROVIDE SUCH ACCESS TO THE COMPUTER AS IS NECESSARY  FOR  THE  ENFORCING
AGENT TO MAKE THE DETERMINATION.

S. 3316                             4

  6.  PENALTIES.  A.  (I)  THE FAILURE TO ITEM PRICE THREE OR MORE STOCK
KEEPING ITEMS OF A PARTICULAR STOCK  KEEPING  UNIT  SHALL  CONSTITUTE  A
SINGLE VIOLATION.
  (II)  ANY RETAIL STORE FOUND IN VIOLATION OF SUBDIVISION THREE OF THIS
SECTION  SHALL  BE  SUBJECT  TO  THE FOLLOWING PENALTIES: FOR VIOLATIONS
DISCOVERED UPON THE FIRST INSPECTION IN  ANY  TWELVE  MONTH  PERIOD  THE
STORE  SHALL  PAY  A PENALTY OF FIFTY DOLLARS FOR EACH OF THE FIRST FOUR
VIOLATIONS; ONE HUNDRED DOLLARS FOR EACH OF THE NEXT TWELVE  VIOLATIONS;
AND  ONE  HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT VIOLATION, BUT IN NO
EVENT SHALL THE TOTAL PENALTY THEREFOR EXCEED FIVE THOUSAND DOLLARS. FOR
VIOLATIONS DISCOVERED UPON A SECOND  OR  SUBSEQUENT  INSPECTION  IN  ANY
TWELVE MONTH PERIOD, THE ABOVE PENALTIES SHALL BE DOUBLED, WITHOUT LIMI-
TATION.  EACH  DAY  A VIOLATION IS CONTINUED SHALL CONSTITUTE A SEPARATE
VIOLATION.
  B. IN THE EVENT THAT THE PROGRAMMED COMPUTER PRICE EXCEEDS  THE  ITEM,
SHELF,  SALE  OR  ADVERTISED  PRICE OF ANY STOCK KEEPING ITEM, THE STORE
WILL BE SUBJECT TO THE FOLLOWING PENALTIES: FOR A VIOLATION OF  SUBDIVI-
SION  FOUR OF THIS SECTION, A PENALTY IN THE AMOUNT OF FIFTY DOLLARS PER
VIOLATION SHALL BE IMPOSED ON THE FIRST TWO PERCENT OF THE STOCK KEEPING
ITEMS COMPARED ROUNDED TO THE NEAREST WHOLE NUMBER; ONE HUNDRED  DOLLARS
PER VIOLATION FOR THE NEXT TWO PERCENT; TWO HUNDRED DOLLARS FOR THE NEXT
TWO  PERCENT;  AND  THREE HUNDRED DOLLARS FOR EACH ADDITIONAL VIOLATION.
FOR VIOLATIONS DISCOVERED UPON A SECOND OR SUBSEQUENT  INSPECTION  IN  A
TWELVE MONTH PERIOD THE ABOVE PENALTIES SHALL BE DOUBLED.
  C. AN INSPECTOR SHALL HAVE THE AUTHORITY TO ISSUE A STOP-REMOVAL ORDER
WITH  RESPECT  TO  ANY  STOCK KEEPING ITEM, DEVICE OR SYSTEM BEING USED,
HANDLED, SOLD, OFFERED FOR SALE OR EXPOSED FOR SALE IN VIOLATION OF THIS
SECTION.
  (I)  ANY STOP-REMOVAL ORDER ISSUED WITH RESPECT TO ANY  STOCK  KEEPING
ITEM  SHALL  BE  IN  WRITING, SHALL LIST THE VIOLATIONS AND SHALL DIRECT
THAT ANY STOCK KEEPING ITEM IN VIOLATION SHALL NOT BE SOLD, OFFERED  FOR
SALE OR EXPOSED FOR SALE UNTIL THE VIOLATIONS ARE CORRECTED.
  (II)    ANY  STOP-REMOVAL  ORDER  ISSUED WITH RESPECT TO ANY DEVICE OR
SYSTEM SHALL BE IN WRITING AND SHALL LIST THE VIOLATIONS.  SUCH STOP-RE-
MOVAL ORDER SHALL BE STAYED FOR UP TO  TWO  HOURS  AFTER  THE  INSPECTOR
PROVIDES  THE  WRITTEN  STOP-REMOVAL  ORDER TO THE RETAIL STORE PROVIDED
THAT, UNTIL THE VIOLATIONS ARE CORRECTED, EITHER:    THE  STOCK  KEEPING
ITEMS  WHICH  ARE  AFFECTED  BY THE VIOLATIONS ARE NOT SOLD, OFFERED FOR
SALE OR EXPOSED FOR SALE, OR SIGNS ARE POSTED CONSPICUOUSLY AT  OR  NEAR
EACH CASH REGISTER WHICH CLEARLY DISCLOSE TO STORE EMPLOYEES AND CONSUM-
ERS  WHICH  STOCK KEEPING ITEMS ARE AFFECTED BY THE VIOLATIONS AND THEIR
CORRECT PRICES, AND THE RETAIL STORE ENSURES THAT CONSUMERS ARE  CHARGED
THE CORRECT PRICE.
  D.    VIOLATIONS OF THIS SECTION SHALL NOT BE SUBJECT TO THE PENALTIES
SPECIFIED IN SECTION FORTY-ONE OF THIS CHAPTER.
  7.  JURISDICTION.  A.  THE PROVISIONS OF THIS SECTION  AND  THE  REGU-
LATIONS  PROMULGATED  HEREUNDER  MAY BE ENFORCED BY THE DEPARTMENT OR BY
THE MUNICIPAL DIRECTOR OF A CONSUMER AFFAIRS OFFICE AND/OR  A  MUNICIPAL
DIRECTOR  OF  WEIGHTS  AND MEASURES.   NOTWITHSTANDING THE PROVISIONS OF
SECTION FORTY-FIVE OF THIS CHAPTER, ALL MONEYS COLLECTED HEREUNDER BY  A
MUNICIPALITY SHALL BE RETAINED BY THE MUNICIPALITY.  IN THE EVENT THAT A
MUNICIPALITY  ELECTS  TO  ENFORCE  THIS SECTION, IT SHALL GIVE NOTICE OF
SUCH INTENTION TO THE  COMMISSIONER  WHO,  UPON  RECEIPT  THEREOF,  WILL
DIRECT  THAT  THE  DEPARTMENT'S  INSPECTIONS  FOR  COMPLIANCE  WITH THIS
SECTION BE DISCONTINUED IN SUCH MUNICIPALITY UNLESS AND UNTIL SUCH MUNI-
CIPALITY GIVES FURTHER NOTICE THAT IT NO LONGER  INTENDS  TO  ENGAGE  IN

S. 3316                             5

ENFORCEMENT  OF  THIS SECTION.  THE PROCEDURES SET FORTH IN PARAGRAPHS B
AND C OF THIS SUBDIVISION SHALL BE APPLICABLE TO  MUNICIPAL  ENFORCEMENT
OF THIS SECTION.
  B.    EACH  MUNICIPAL  DIRECTOR  OF A CONSUMER AFFAIRS OFFICE AND/OR A
MUNICIPAL DIRECTOR OF WEIGHTS AND MEASURES PERSONALLY, OR THROUGH HIS OR
HER AUTHORIZED AGENTS, SHALL, UPON FINDING A VIOLATION OF THE PROVISIONS
OF THIS SECTION OR OF THE RULES AND REGULATIONS PROMULGATED PURSUANT  TO
THIS  SECTION,  EXPEDITIOUSLY  CAUSE  THE  SAME TO BE CORRECTED OR SHALL
REFER THE MATTER TO THE ATTORNEY FOR THE MUNICIPALITY, FOR  COMMENCEMENT
OF  A  CIVIL  ACTION  IN THE NAME OF THE MUNICIPALITY TO RECOVER A CIVIL
PENALTY IN THE AMOUNTS PRESCRIBED BY THIS SECTION AND BY SECTIONS  THIR-
TY-NINE  AND  FORTY  OF THIS CHAPTER.  A CAUSE OF ACTION FOR RECOVERY OF
SUCH PENALTY MAY BE RELEASED, SETTLED OR COMPROMISED  BY  THE  MUNICIPAL
DIRECTOR  BEFORE  THE  MATTER  IS  REFERRED TO THE MUNICIPAL ATTORNEY OR
THEREAFTER BY SUCH ATTORNEY.
  C.  THE MUNICIPAL DIRECTOR MAY HOLD A HEARING TO DETERMINE  WHETHER  A
VIOLATION  OF THE PROVISIONS OF THIS SECTION HAS OCCURRED.  AT LEAST TWO
WEEKS WRITTEN NOTICE OF A HEARING SHALL BE SERVED EITHER  PERSONALLY  ON
THE  INDIVIDUAL  IN  CHARGE  OF  THE PLACE OF BUSINESS WHERE THE ALLEGED
VIOLATION OCCURRED OR BY CERTIFIED OR REGISTERED MAIL ADDRESSED TO  SUCH
PLACE OF BUSINESS.  SUCH NOTICE SHALL CONTAIN A CONCISE STATEMENT OF THE
FACTS  CONSTITUTING  THE ALLEGED VIOLATION AND SHALL SET FORTH THE DATE,
TIME AND PLACE THAT THE HEARING WILL BE HELD.    UPON  A  FINDING  OF  A
VIOLATION  OF  THE  PROVISIONS  OF  THIS SECTION, THE MUNICIPAL DIRECTOR
SHALL BE AUTHORIZED TO RECOVER ANY CIVIL PENALTY PROVIDED FOR  IN  PARA-
GRAPH B OF THIS SUBDIVISION.
  8. LOCAL STANDARDS.  NOTHING HEREIN SHALL BE CONSTRUED TO RESTRICT THE
POWER  OF  ANY  COUNTY, CITY, TOWN OR VILLAGE TO ADOPT AND ENFORCE ADDI-
TIONAL LOCAL LAWS, ORDINANCES, OR REGULATIONS WHICH EXCEED  THE  MINIMUM
APPLICABLE STANDARDS IN THIS SECTION.
  9.  RULES AND REGULATIONS.  THE COMMISSIONER MAY PROMULGATE SUCH RULES
AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY OR APPROPRIATE TO EFFEC-
TUATE THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3316

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

co-Sponsors

2009-S3316 (ACTIVE) - Details

2009-S3316 (ACTIVE) - Summary

2009-S3316 (ACTIVE) - Sponsor Memo

2009-S3316 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3316

Senate Bill S3316

Share this bill

Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

co-Sponsors

Ruben Diaz

Martin Malavé Dilan

2009-S3316 (ACTIVE) - Details

2009-S3316 (ACTIVE) - Summary

2009-S3316 (ACTIVE) - Sponsor Memo

2009-S3316 (ACTIVE) - Bill Text download pdf

Comments