NY State Senate Bill 2011-S525

Senate Bill S525

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2012	referred to codes delivered to assembly passed senate
May 23, 2012	amended on third reading 525a
Jan 23, 2012	advanced to third reading
Jan 19, 2012	2nd report cal.
Jan 18, 2012	1st report cal.67
Jan 04, 2012	referred to consumer protection returned to senate died in assembly
Mar 07, 2011	referred to economic development delivered to assembly passed senate
Feb 15, 2011	advanced to third reading
Feb 14, 2011	2nd report cal.
Feb 08, 2011	1st report cal.80
Jan 05, 2011	referred to consumer protection

Votes

- May 30, 2012 - Floor Vote
  S525
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2012
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Duane
      
      excused (2)
      
      Diaz
      
      Johnson
  Mar 7, 2011 - Floor Vote
  S525
  
  49
  
  Aye
  
  7
  
  Nay
  
  3
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 7, 2011
      
      aye (49)
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (7)
      
      Breslin
      
      Hassell-Thompson
      
      Huntley
      
      Krueger
      
      Perkins
      
      Rivera
      
      Squadron
      
      absent (3)
      
      Montgomery
      
      Parker
      
      Smith
      
      excused (3)
      
      Adams
      
      Duane
      
      Kruger
  Jan 18, 2012 - Consumer Protection Committee Vote
  S525
  
  7
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Jan 18, 2012
      
      aye (7)
      
      Ball
      
      Fuschillo
      
      Hassell-Thompson
      
      Little
      
      Marcellino
      
      O'Mara
      
      Zeldin
      
      nay (1)
      
      Huntley
      
      aye wr (2)
      
      Adams
      
      Squadron
  Feb 8, 2011 - Consumer Protection Committee Vote
  S525
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Feb 8, 2011
      
      aye (10)
      
      Adams
      
      Ball
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Little
      
      Marcellino
      
      Saland
      
      Squadron
      
      Zeldin

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S525 - Details

See Assembly Version of this Bill:: A5345
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Amd §38, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S39
2013-2014: S743, S6290
2015-2016: S3840
2017-2018: S4048
2019-2020: S1403
2021-2022: S3986

2011-S525 - 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-S525 - Sponsor Memo

                                BILL NUMBER:S525                REVISED 04/20/12

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.

JUSTIFICATION:
The itinerant vendor statute, which was adopted as Chapter 282, Laws
of 1995, was originally enacted to curtail the sale of certain

perishable, high-theft items through flea markets. The 1995 law
focused on baby foods and over-the-counter drugs, as these were items
that professional thieves were targeting to resell through flea
markets and were products that were compromised when exposed to
sunlight and heat.

The need to tighten the definitions in General Business Law § 38 were
brought to light when law enforcement officials in central New York
encountered difficulties in halting the sale of stolen,
non-prescription drugs because of the ambiguous definitions contained
in the current law. The proposed bill will tighten the current
statute by redefining baby foods and non-prescription drugs. It will
further expand the statute to prevent the sale of cosmetics and
batteries by itinerant vendors, as these products have become
high-theft items among those engaged in organized retail theft and
because many cosmetics are similarly affected by exposure to sunlight
and heat and thereby pose a health risk.

The illegal activity this bill aims to thwart differs from shoplifting
in that shoplifters typically steal single items for their own use,
whereas this bill addresses the multiple theft of products by career
criminals who steal primarily to sell the stolen goods. These crimes
are often committed to support other illegal activity involving drug
use. Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily
concealed, and relatively expensive items. Prohibiting the sale of
these products in flea
markets will close an important outlet to these criminals, thereby
making their theft less desirable. The public health concerns


addressed by this bill and the need to support law enforcement
efforts warrant passage of this measure.

LEGISLATIVE HISTORY:
2011:    Passed Senate (S.525/A.5345)
2010:    Reported to Codes (S.39/A.11029)
2009:    Referred to Consumer Protection (S.39/A.11029)
2007-08: Passed Senate (S.4442/A.6462A)
2005-06: A.5670/S.3174
2003-04: A.10822A/S.7128A

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
Immediately.

2011-S525 - Bill Text download pdf

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

                                   525

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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.

                                                           LBD00472-01-1

S. 525                              2

  4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
POWER.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-S525A (ACTIVE) - Details

See Assembly Version of this Bill:: A5345
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Amd §38, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S39
2013-2014: S743, S6290
2015-2016: S3840
2017-2018: S4048
2019-2020: S1403
2021-2022: S3986

2011-S525A (ACTIVE) - Summary

2011-S525A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S525A

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 § 3B 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.

JUSTIFICATION:
The itinerant vendor statute, which was adopted as Chapter 2B2, Laws
of 1995, was originally enacted to curtail the sale of certain

perishable, high-theft items through flea markets. The 1995 law
focused on baby foods and over-the-counter drugs, as these were items
that professional thieves were targeting to resell through flea
markets and were products that were compromised when exposed to
sunlight and heat.

The need to tighten the definitions in General Business Law § 3B were
brought to light when law enforcement officials in central New York
encountered difficulties in halting the sale of stolen,
non-prescription drugs because of the ambiguous definitions contained
in the current law.
The proposed bill will tighten the current statute by redefining baby
foods and non-prescription drugs. It will further expand the statute
to prevent the sale of cosmetics and batteries by itinerant vendors,
as these products have become high-theft items among those engaged in
organized retail theft and because many cosmetics are similarly
affected by exposure to sunlight and heat and thereby pose a health
risk.

The illegal activity this bill aims to thwart differs from shoplifting
in that shoplifters typically steal single items for their own use,
whereas this bill addresses the multiple theft of products by career
criminals who steal primarily to sell the stolen goods. These crimes
are often committed to support other illegal activity involving drug
use.
Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily
concealed, and relatively expensive items. Prohibiting the sale of
these products in flea markets will close an important outlet to
these criminals, thereby making their theft less desirable. The


public health concerns addressed by this bill and the need to support
law enforcement efforts warrant passage of this measure.

LEGISLATIVE HISTORY:
2011:    Passed Senate (S.525/A.5345)
2010:    Reported to Codes (S.39/A.11029)
2009:    Referred to Consumer Protection (S.39/A.11029)
2007-08: Passed Senate (S.4442/A.6462A)
2005-06: A.5670/S.3174
2003-04: A.10822A/S.7128A

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
Immediately.

2011-S525A (ACTIVE) - Bill Text download pdf

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

                                 525--A
    Cal. No. 67

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO,  LARKIN,  STAVISKY  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer  Protection  --  recommitted  to  the  Committee  on Consumer
  Protection in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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.

                                                           LBD00472-02-2

S. 525--A                           2

  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
  4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
POWER.
  S 2. This act shall take effect immediately.

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Senate Bill S525

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

William Larkin

Toby Ann Stavisky

2011-S525 - Details

2011-S525 - Summary

2011-S525 - Sponsor Memo

2011-S525 - Bill Text download pdf

co-Sponsors

William Larkin

Toby Ann Stavisky

2011-S525A (ACTIVE) - Details

2011-S525A (ACTIVE) - Summary

2011-S525A (ACTIVE) - Sponsor Memo

2011-S525A (ACTIVE) - Bill Text download pdf

Comments