NY State Senate Bill S1403

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 22, 2020	advanced to third reading
Jan 21, 2020	2nd report cal.
Jan 15, 2020	1st report cal.190
Jan 08, 2020	referred to consumer protection returned to senate died in assembly
Mar 29, 2019	referred to economic development delivered to assembly passed senate
Mar 26, 2019	ordered to third reading cal.332 committee discharged and committed to rules
Jan 14, 2019	referred to consumer protection

Votes

view votes

Jan 15, 2020 - Consumer Protection committee Vote

S1403

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 15, 2020

aye (2)

nay (3)

aye wr (2)

Mar 29, 2019 - floor Vote

S1403

floor

Aye

Nay

Absent

Excused

Abstained

Mar 26, 2019 - Rules committee Vote

S1403

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S1403 (ACTIVE) - Details

See Assembly Version of this Bill:: A7437
Current Committee:: Senate Rules
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
2017-2018: S4048, A5581
2021-2022: S3986

S1403 (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.

S1403 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1403

SPONSOR: CARLUCCI
 
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, cosmet-

ics, and batteries - as products that many not be sold in flea markets
unless sold by a manufacturer, an authorized manufacturer's represen-
tative, or an authorized distributor.

Section 2 of this bill provides that this act shall take effect imme-
diately.

 
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 wher-
eas this bill addresses the multiple theft of products by career crimi-
nals 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 attrac-
tive 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:

2017-18: S4048/A5581 - PASSED SENATE/codes
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.

S1403 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1403
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 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.
                                                            LBD06486-01-9

 S. 1403                             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 S1403

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

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Votes

Jan 15, 2020 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 15, 2020

Mar 29, 2019 - floor Vote

Floor Vote: Mar 29, 2019

Mar 26, 2019 - Rules committee Vote

Rules Committee Vote: Mar 26, 2019

S1403 (ACTIVE) - Details

S1403 (ACTIVE) - Summary

S1403 (ACTIVE) - Sponsor Memo

S1403 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1403

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Jan 15, 2020 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 15, 2020

Mar 29, 2019 - floor Vote

Floor Vote: Mar 29, 2019

Mar 26, 2019 - Rules committee Vote

Rules Committee Vote: Mar 26, 2019

S1403 (ACTIVE) - Details

S1403 (ACTIVE) - Summary

S1403 (ACTIVE) - Sponsor Memo

S1403 (ACTIVE) - Bill Text download pdf

Comments