The New York State Senate

                    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.

                                                           LBD09588-01-7

A. 5581                             2

  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.
  § 2. This act shall take effect immediately.