Bill Text: NY A01010 | 2023-2024 | General Assembly | Amended

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Bill Title: Makes it illegal to knowingly alter, mutilate, destroy, obliterate, obstruct or remove by means of a price sticker or otherwise the whole or any part of the label, including where applicable the expiration date displayed thereon, of any over-the-counter drug or cosmetic.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-15 - REFERRED TO CONSUMER PROTECTION [A01010 Detail]

Download: New_York-2023-A01010-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1010--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on  Consumer Affairs and Protection -- recommitted to the Committee on
          Consumer Protection in accordance with Assembly  Rule  3,  sec.  2  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the general business law, in relation to the sale of
          over-the-counter drugs and cosmetic products

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The article heading of article 38-A of the general business
     2  law,  as added by chapter 697 of the laws of 1986, is amended to read as
     3  follows:
     4                               SALE OF OUTDATED
     5               AND LABEL OBSTRUCTED OVER-THE-COUNTER DRUGS AND
     6                              COSMETIC PRODUCTS
     7    § 2. Section 820 of the general business law, as added by chapter  697
     8  of the laws of 1986, is amended to read as follows:
     9    § 820. Unlawful practices. 1. It shall be unlawful for any retailer:
    10    [1.]  (a)  to  knowingly  sell or offer for sale, any drug or cosmetic
    11  sold over-the-counter without the need of a prescription, later than the
    12  date, if any, marked upon the label as indicative  of  the  date  beyond
    13  which the contents cannot be expected beyond reasonable doubt to be safe
    14  and  effective;  provided,  however,  that when such drug or cosmetic is
    15  identified as an outdated drug or cosmetic by segregation  from  regular
    16  stock or by other means, the holding of such drug or cosmetic beyond its
    17  expiration  date  shall  not be deemed a violation of this section. When
    18  the expiration date is expressed by month and year, the expiration  date
    19  shall be the last day of the month indicated; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01243-04-4
        A. 1010--B                          2

     1    [2.]  (b)  to knowingly alter, mutilate, destroy, obliterate, obstruct
     2  or remove by means of a price sticker or otherwise the whole or any part
     3  of [the expiration date displayed on] the label or packaging, including,
     4  where applicable, the expiration date displayed thereon,  of  any  over-
     5  the-counter drug or cosmetic.
     6    2.  For  purposes  of this section, the following terms shall have the
     7  following meanings:
     8    (a) "label" shall mean the label required by the  statutes  applicable
     9  to  and  regulations issued by the federal food and drug administration;
    10  and
    11    (b) "cosmetic" shall mean   articles   intended    to    be    rubbed,
    12  poured,  sprinkled  or sprayed on, introduced into, or otherwise applied
    13  to the human body or any part thereof   for   cleansing,    beautifying,
    14  promoting  attractiveness, or altering the appearance, including but not
    15  limited to personal hygiene  products  such  as  deodorant,  shampoo  or
    16  conditioner.
    17    § 3. This act shall take effect immediately.