|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 28, 2014||referred to codes|
delivered to assembly
|Jan 27, 2014||advanced to third reading|
|Jan 23, 2014||2nd report cal.|
|Jan 22, 2014||1st report cal.34|
|Jan 09, 2014||referred to consumer protection|
senate Bill S6290
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6290 - Details
S6290 - Sponsor Memo
BILL NUMBER:S6290 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 JUSTIFICATION: The itinerant vendor statute, which was adopted as Chapter 282, Laws of 1995, was originally enacted to curtail the sale of certain perishable, high-theft items through flea markets.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
S6290 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6290 I N S E N A T E January 9, 2014 ___________ Introduced by Sens. ZELDIN, LARKIN, RANZENHOFER -- 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," 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 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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