Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to consumer protection |
Aug 24, 2011 |
referred to rules |
Senate Bill S5874
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
co-Sponsors
(D, WF) 21st Senate District
2011-S5874 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §349-e, Gen Bus L
- Versions Introduced in 2013-2014 Legislative Session:
-
S2997
2011-S5874 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5874 TITLE OF BILL: An act to amend the general business law, in relation to posting the cost of products PURPOSE OR GENERAL IDEA OF BILL: To establish violations for venues that fail to properly charge consumers at point of sale consistent with the price listed at the product display in the venue. SUMMARY OF PROVISIONS: Subdivision 1: Defines venues that will be subject to this law and the manner in which pricing must be displayed. Subdivision 2: Establishes that charging a consumer in excess of the marked price constitutes a violation. Subdivision 3: Failure to properly display price as established in section 1 will constitute a violation. Subdivision 4: Defines consumers redress to a violation of subdivision 2. Subdivision 5: Establishes that failure to display pricing will result
2011-S5874 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5874 2011-2012 Regular Sessions I N S E N A T E August 24, 2011 ___________ Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law, in relation to posting the cost of products 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-e to read as follows: S 349-E. POSTING OF THE COST OF PRODUCTS. 1. EVERY ESTABLISHMENT THAT REGULARLY AND CUSTOMARILY OFFERS FOOD PRODUCTS FOR SALE IN A BONA FIDE MANNER FOR THE CONSUMPTION OFF THE PREMISES SHALL ENSURE THAT EACH SUCH PRODUCT IS CLEARLY MARKED WITH THE COST OF SUCH PRODUCT, EITHER ON THE SHELF DIRECTLY ABOVE OR BELOW THE PRODUCT OR ON THE PRODUCT ITSELF. 2. ANY ESTABLISHMENT THAT CHARGES A CONSUMER AN AMOUNT IN EXCESS OF THE PRICE MARKED ON THE PRODUCT SHALL BE IN VIOLATION OF THIS SECTION. 3. ANY ESTABLISHMENT THAT FAILS TO HAVE THE PRICE OF THE PRODUCT CLEARLY MARKED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION SHALL BE IN VIOLATION OF THIS SECTION. 4. ANY CONSUMER WHO IS A VICTIM OF A VIOLATION OF THIS SECTION PURSU- ANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE ENTITLED TO RECEIVE, FROM THE ESTABLISHMENT, THE PRODUCT FREE OF CHARGE PLUS AN AMOUNT EQUAL TO TEN TIMES THE AMOUNT ACTUALLY CHARGED FOR THE PRODUCT. 5. ANY ESTABLISHMENT WHO VIOLATES THIS SECTION PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION, A MINIMUM FINE OF ONE THOUSAND DOLLARS FOR A SECOND VIOLATION, AND A MINIMUM FINE OF TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION. 6. EACH DAY SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION. 7. THIS SECTION SHALL NOT APPLY TO ANY ESTABLISHMENT WHEN AN EMPLOYEE MAKES A KEYSTROKE ERROR WHEN ENTERING THE PRICE TO BE CHARGED TO THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13360-01-1
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