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Assembly Bill A5581

2017-2018 Legislative Session

Establishes no itinerant vendor shall offer for sale baby food, nonprescription drugs, cosmetics and batteries

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Archive: Last Bill Status - In Assembly Committee

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2017-A5581 (ACTIVE) - Details

See Senate Version of this Bill:
S4048
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §38, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S39
2011-2012: S525
2013-2014: A2027, S743, S6290
2015-2016: A6012, S3840
2019-2020: A7437, S1403
2021-2022: S3986

2017-A5581 (ACTIVE) - Summary

Establishes no itinerant vendor, except for a manufacturer, an authorized manufacturer's representative, or authorized distributor, shall offer for sale baby food, nonprescription drugs, cosmetics or batteries.

2017-A5581 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5581
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
   ABBATE, GALEF, HOOPER, JAFFEE, JENNE, MAGEE, MAGNARELLI, PERRY -- read
   once and referred to the Committee on Economic Development
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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