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Assembly Bill A5345

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5345 - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §38, Gen Bus L

2011-A5345 - 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.

2011-A5345 - Bill Text download pdf 

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

                                  5345

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced  by M. of A. SCHIMMINGER, CLARK, MAYERSOHN -- Multi-Sponsored
  by -- M. of A.  ABBATE, BOYLAND, GALEF, HOOPER, JAFFEE, MAGEE, MAGNAR-
  ELLI, MAISEL, MARKEY, PERRY, RUSSELL, SWEENEY, TOWNS -- read once  and
  referred to the Committee on Economic Development

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00472-01-1

co-Sponsors

multi-Sponsors

2011-A5345A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §38, Gen Bus L

2011-A5345A (ACTIVE) - 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.

2011-A5345A (ACTIVE) - Bill Text download pdf 

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

                                 5345--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced  by M. of A. SCHIMMINGER, CLARK, P. RIVERA -- Multi-Sponsored
  by -- M. of A.  ABBATE, BOYLAND, GALEF, HOOPER, JAFFEE, MAGEE, MAGNAR-
  ELLI, MAISEL,  MARKEY,  PERRY,  RUSSELL,  SWEENEY  --  read  once  and
  referred  to  the  Committee on Economic Development -- recommitted to
  the Committee on Economic Development in accordance with Assembly Rule
  3, sec. 2 -- reported and  referred  to  the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00472-03-2

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