S T A T E O F N E W Y O R K
________________________________________________________________________
2288
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. ENGLEBRIGHT, RYAN -- read once and referred to
the Committee on Consumer Affairs and 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01364-02-5
A. 2288 2
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
ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL
DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED THE COURT MAY
IMPOSE A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE
THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION. FOR THE PURPOSES OF THIS
SECTION, EACH GROUP OF IDENTICAL ITEMS SHALL CONSTITUTE A SINGLE
VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
2. BEFORE ANY VIOLATION OF THIS ARTICLE IS SOUGHT TO BE ENJOINED, THE
ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND AN OPPORTUNITY
TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST HIM OR HER, UNLESS THE
ATTORNEY GENERAL SHALL FIND, IN ANY CASE IN WHICH HE OR SHE SEEKS
PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN
THE PUBLIC INTEREST.
3. IN ANY SUCH ACTION IT SHALL BE A COMPLETE DEFENSE THAT THE ACT OR
PRACTICE IS, OR IF IN INTERSTATE COMMERCE WOULD BE, SUBJECT TO AND
COMPLIES WITH THE RULES AND REGULATIONS OF, AND THE STATUES ADMINISTERED
BY, THE FEDERAL FOOD AND DRUG ADMINISTRATION OR ANY OFFICIAL DEPARTMENT,
DIVISION, COMMISSION OR AGENCY OF THE UNITED STATES AS SUCH RULES, REGU-
LATIONS OR STATUES ARE INTERPRETED BY THE FEDERAL FOOD AND DRUG ADMINIS-
TRATION OR SUCH DEPARTMENT, DIVISION, COMMISSION OR AGENCY OR THE FEDER-
AL COURTS.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.