NY State Senate Bill S4048

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2018	referred to codes delivered to assembly passed senate
Jan 23, 2018	advanced to third reading
Jan 22, 2018	2nd report cal.
Jan 17, 2018	1st report cal.219
Jan 03, 2018	referred to consumer protection returned to senate died in assembly
Mar 31, 2017	referred to economic development delivered to assembly passed senate
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.358
Feb 02, 2017	referred to consumer protection

Votes

view votes

Feb 12, 2018 - floor Vote

S4048

floor

Aye

Nay

Absent

Excused

Abstained

Jan 17, 2018 - Consumer Protection committee Vote

S4048

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 31, 2017 - floor Vote

S4048

floor

Aye

Nay

Absent

Excused

Abstained

Mar 7, 2017 - Consumer Protection committee Vote

S4048

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S4048 (ACTIVE) - Details

See Assembly Version of this Bill:: A5581
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: S743, S6290, A2027
2015-2016: S3840, A6012
2019-2020: S1403, A7437
2021-2022: S3986

S4048 (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.

S4048 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4048

 TITLE OF BILL :  An act to amend the general business law, in
relation to itinerant vendors

 PURPOSE :

To clarify which products may not be sold in pursuant to Section 3b of
the General Business Law, so as to make its provisions more
enforceable. Specifically, the bill establishes that no itinerant
vendor, except for a manufacturer, an authorized manufacturer's
representative, or an authorized distributor, shall offer for sale
baby food, non-prescription drugs, cosmetics, or batteries.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the General Business Law to specifically
define the following items - baby food, non-prescription drugs,
cosmetics, and batteries - as products that many not be sold in flea
markets unless sold by a manufacturer, an authorized manufacturer's
representative, or an authorized distributor.

Section 2 of this bill provides that this act shall take effect
immediately.

 EXISTING LAW :

Currently there is no existing law.

 JUSTIFICATION :

The itinerant vendor statute, which was adopted as Chapter 282, Laws
of 1995, was originally enacted to curtail the sale of certain
perishable, high-theft items through flea markets. The 1995 law
focused on baby foods and over-the-counter drugs, as these were items
that professional thieves were targeting to resell through flea
markets and were products that were compromised when exposed to
sunlight and heat.

The need to tighten the definitions in General Business Law Section 3b
were brought to light when law enforcement officials in central New
York encountered difficulties in halting the sale of stolen,
non-prescription drugs because of the ambiguous definitions contained
in the current law. The proposed bill will tighten the current statute
by redefining baby foods and nonprescription drugs. It will further
expand the statute to prevent the sale of cosmetics and batteries by
itinerant vendors, as these products have become high-theft items
among those engaged in organized retail theft and because many
cosmetics are similarly affected by exposure to sunlight and heat and
thereby pose a health risk.

The illegal activity this bill aims to thwart differs from shoplifting
in that shoplifters typically steal single items for their own use
whereas this bill addresses the multiple theft of products by career
criminals who steal primarily to sell the stolen goods. These crimes
are often committed to support other illegal activity involving drug
use. Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily
concealed, and relatively expensive items. Prohibiting the sale of
these products in flea markets will close an important outlet to these
criminals, thereby making their theft less desirable. The public
health concerns addressed by this bill and the need to support law
enforcement efforts warrant passage of this measure.

 LEGISLATIVE HISTORY :

2013-2014: Passed in Senate (S.6290) / A.2027 Referred to Codes
2011-12: Passed the Senate (S.525A/A.5345A)
2010: Reported to Codes (S.39/A.11029)
2009: Referred to Consumer Protection (S.39/A.11029)
2007-08: Passed Senate (S.4442/A.6462A)
2005-06: A.5670/S.3174
2003-04: A.10822A/S.7128A

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4048 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4048

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 2, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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

S. 4048                             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.

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The New York State Senate

senate Bill S4048

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Feb 12, 2018 - floor Vote

Floor Vote: Feb 12, 2018

Jan 17, 2018 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 17, 2018

Mar 31, 2017 - floor Vote

Floor Vote: Mar 31, 2017

Mar 7, 2017 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 7, 2017

Co-Sponsors

S4048 (ACTIVE) - Details

S4048 (ACTIVE) - Summary

S4048 (ACTIVE) - Sponsor Memo

S4048 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4048

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Sponsored By

David Carlucci

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 12, 2018 - floor Vote

Floor Vote: Feb 12, 2018

Jan 17, 2018 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 17, 2018

Mar 31, 2017 - floor Vote

Floor Vote: Mar 31, 2017

Mar 7, 2017 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 7, 2017

Co-Sponsors

Kathleen A. Marchione

S4048 (ACTIVE) - Details

S4048 (ACTIVE) - Summary

S4048 (ACTIVE) - Sponsor Memo

S4048 (ACTIVE) - Bill Text download pdf

Comments