Bill Text: NY A02272 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits the sale of expired goods, unless such goods are clearly marked, segregated from the rest, and offered for sale at a reduced price.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2018-01-03 - referred to consumer affairs and protection [A02272 Detail]

Download: New_York-2017-A02272-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2272
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M.  of A. ROSENTHAL, PAULIN, CAHILL, DINOWITZ, JAFFEE --
          Multi-Sponsored by -- M. of A. COLTON, GLICK, PERRY -- read  once  and
          referred to the Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of expired goods
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  349-f to read as follows:
     3    § 349-f. Prohibitions against the sale of expired goods.  1.  For  the
     4  purpose of this section:
     5    (a)  "Retail"  or  "retail sale" shall mean a sale to a consumer or to
     6  any person for any purpose other than for resale.
     7    (b) "Sell" or "offer to sell" shall mean the act of selling,  display-
     8  ing or offering goods for retail sale.
     9    (c)  "Merchant"  shall mean a person who deals in goods of the kind or
    10  otherwise by his or her occupation  holds  himself  or  herself  out  as
    11  having  knowledge or skill particular to the practices or goods involved
    12  in the transaction or to whom such knowledge or skill may be  attributed
    13  by his or her employment of an agent or broker or other intermediary who
    14  by  his  or  her  occupation holds himself or herself out as having such
    15  knowledge or skill.
    16    (d) "Expiration date" shall mean the date listed  on  the  item  after
    17  which the goods decline in quality, freshness, efficacy or utility.
    18    2. (a) No merchant shall offer goods for retail sale after their expi-
    19  ration date, unless such goods are segregated, clearly and conspicuously
    20  marked,  and  offered at a reduction from the customary selling price at
    21  which identical unexpired goods are offered for sale.
    22    (b) Offering goods for sale  after  their  expiration  date  shall  be
    23  considered  a  violation  of the warranty of merchantability and a mate-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05360-01-7
        A. 2272                             2
     1  rially deceptive act, in violation of section three  hundred  forty-nine
     2  of this article.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.