Assembly Actions -
Senate Actions - UPPERCASE
|Apr 27, 2010||
reported and committed to codes
|Jan 06, 2010||
referred to consumer protection
|Jan 07, 2009||
referred to consumer protection
Senate Bill S39
2009-2010 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2009-S39 (ACTIVE) - Details
2009-S39 (ACTIVE) - Sponsor Memo
BILL NUMBER: S39 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 § 38 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.
2009-S39 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 39 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. FUSCHILLO -- 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," HERBAL PRODUCTS, DIETARY SUPPLEMENTS, BOTANICAL EXTRACTS, AND VITAMINS AND SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO- EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR OFFI- CIAL 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 ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART THEREOF; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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.