The New York State Senate

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

                                  2027

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. SCHIMMINGER, CLARK -- Multi-Sponsored by -- M. of
  A.  ABBATE, BOYLAND, GALEF, HOOPER, JAFFEE, MAGEE, MAGNARELLI, MAISEL,
  MARKEY, PERRY, RUSSELL, SWEENEY --  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,"  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;
  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.

                                                           LBD01314-01-3

A. 2027                             2

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.