senate Bill S7389A

2013-2014 Legislative Session

Relates to consumer protection from prescription drug reimportation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 recommitted to rules
Jun 19, 2014 ordered to third reading cal.1618
committee discharged and committed to rules
Jun 16, 2014 print number 7389a
amend and recommit to consumer protection
May 14, 2014 referred to consumer protection

Co-Sponsors

S7389 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§830 & 831, Gen Bus L

S7389 - Summary

Relates to consumer protection from prescription drug reimportation and unlawful practices and enforcement and penalties.

S7389 - Sponsor Memo

S7389 - Bill Text download pdf

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

                                  7389

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- 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  consumer
  protection from prescription drug reimportation

  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 article
38-B to read as follows:
                               ARTICLE 38-B
               CONSUMER PROTECTION FROM PRESCRIPTION DRUG
                              REIMPORTATION
SECTION 830. UNLAWFUL PRACTICES.
        831. ENFORCEMENT AND PENALTIES.
  S 830. UNLAWFUL PRACTICES.  IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,
CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF TO PURCHASE  FOR
RESALE, SELL, OFFER FOR SALE, OR DELIVER IN ANY MANNER, ANY PRESCRIPTION
MEDICATION  APPROVED  BY  THE UNITED STATES FOOD AND DRUG ADMINISTRATION
THAT IS EITHER:
  1. MANUFACTURED IN THE UNITED STATES, EXPORTED FROM THE UNITED  STATES
TO ANY OTHER COUNTRY, AND IMPORTED INTO THE UNITED STATES FROM ANY PLACE
OUTSIDE THEREOF IN VIOLATION OF STATE OR FEDERAL LAW; OR
  2. MANUFACTURED FOR SALE IN A COUNTRY OTHER THAN THE UNITED STATES AND
IMPORTED  INTO  THE  UNITED  STATES  FROM  ANY  PLACE OUTSIDE THEREOF IN
VIOLATION OF STATE OR FEDERAL LAW.
  S 831. ENFORCEMENT  AND  PENALTIES.  1.  WHENEVER  THERE  SHALL  BE  A
VIOLATION  OF  THIS  ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR
JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNC-
TION  TO  ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE

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

Co-Sponsors

S7389A (ACTIVE) - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§830 & 831, Gen Bus L

S7389A (ACTIVE) - Summary

Relates to consumer protection from prescription drug reimportation and unlawful practices and enforcement and penalties.

S7389A (ACTIVE) - Sponsor Memo

S7389A (ACTIVE) - Bill Text download pdf

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

                                 7389--A

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced by Sens. GALLIVAN, KENNEDY, MAZIARZ -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to  amend  the  general  business  law, in relation to consumer
  protection from prescription drug reimportation

  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 article
38-B to read as follows:
                               ARTICLE 38-B
               CONSUMER PROTECTION FROM PRESCRIPTION DRUG
                              REIMPORTATION
SECTION 830. UNLAWFUL PRACTICES.
        831. ENFORCEMENT AND PENALTIES.
  S  830. UNLAWFUL PRACTICES. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,
CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF TO PURCHASE  FOR
RESALE, SELL, OFFER FOR SALE, OR DELIVER IN ANY MANNER, ANY PRESCRIPTION
DRUG  APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION THAT IS
EITHER:
  1. MANUFACTURED IN THE UNITED STATES, EXPORTED FROM THE UNITED  STATES
TO ANY OTHER COUNTRY, AND IMPORTED INTO THE UNITED STATES FROM ANY PLACE
OUTSIDE THEREOF IN VIOLATION OF STATE OR FEDERAL LAW; OR
  2. MANUFACTURED FOR SALE IN A COUNTRY OTHER THAN THE UNITED STATES AND
IMPORTED  INTO  THE  UNITED  STATES  FROM  ANY  PLACE OUTSIDE THEREOF IN
VIOLATION OF STATE OR FEDERAL LAW.
  S 831. ENFORCEMENT  AND  PENALTIES.  1.  WHENEVER  THERE  SHALL  BE  A
VIOLATION  OF  THIS  ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR
JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNC-
TION  TO  ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER

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

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