S T A T E O F N E W Y O R K
________________________________________________________________________
1310
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to required labeling
on prescription drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
33-B to read as follows:
ARTICLE 33-B
REQUIRED LABELING ON PRESCRIPTION DRUGS
SECTION 3398. IDENTIFICATION OF EXPIRATION DATES ON PACKAGES CONTAINING
PRESCRIBED DRUGS.
S 3398. IDENTIFICATION OF EXPIRATION DATES ON PACKAGES CONTAINING
PRESCRIBED DRUGS. 1. NO PRESCRIBED DRUG DISPENSED BY A PHARMACY PURSUANT
TO A PRESCRIPTION BY AN AUTHORIZED PRACTITIONER OF MEDICINE OR OTHER
PERSON LEGALLY AUTHORIZED TO ISSUE SUCH PRESCRIPTION MAY BE SOLD TO THE
PUBLIC UNLESS THE PACKAGING INCLUDES A LABEL WHICH LISTS THE EXPIRATION
DATE BY MONTH AND YEAR FOR THIS PRESCRIBED DRUG.
2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO HIM THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT
OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS ARTICLE, HE MAY
BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK FOR A
JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IF IT
SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
DEFENDANT HAS VIOLATED ANY PROVISION OF THIS ARTICLE, NO PROOF SHALL BE
REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT
KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION. IN SUCH ACTION
PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE LAW AND RULES.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04280-01-3