S T A T E O F N E W Y O R K
________________________________________________________________________
6012
2015-2016 Regular Sessions
I N A S S E M B L Y
March 10, 2015
___________
Introduced by M. of A. SCHIMMINGER, CLARK -- Multi-Sponsored by -- M. of
A. ABBATE, GALEF, HOOPER, JAFFEE, MAGEE, MAGNARELLI, MARKEY, PERRY,
RUSSELL -- read once and referred to the Committee on Economic Devel-
opment
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.
LBD02434-01-5
A. 6012 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.