Bill Text: NY A06012 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2016-05-24 - reported referred to codes [A06012 Detail]

Download: New_York-2015-A06012-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6012
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 10, 2015
                                      ___________
       Introduced by M. of A. SCHIMMINGER, CLARK -- Multi-Sponsored by -- M. of
         A.  ABBATE,  GALEF,  HOOPER, JAFFEE, MAGEE, MAGNARELLI, MARKEY, PERRY,
         RUSSELL -- read once and referred to the Committee on Economic  Devel-
         opment
       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:
    1    Section 1. Section 38 of the general business law, as added by chapter
    2  282 of the laws of 1995, is amended to read as follows:
    3    S  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
    4  ER, an authorized manufacturer's representative, or authorized distribu-
    5  tor, shall offer for sale any of the following items:
    6    1. [Food manufactured and packaged for sale for consumption by a child
    7  under the age of two years; or
    8    2. Drugs as defined in section three thousand three hundred two of the
    9  public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
   10  AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
   11  AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
   12    2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
   13  CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
   14  INCLUDE ANY DRUGS COMMONLY KNOWN AS  "OVER-THE-COUNTER  DRUGS,"  DIETARY
   15  SUPPLEMENTS  AS  DEFINED  IN  21 USC 32(FF), AND VITAMINS AND SUBSTANCES
   16  RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES  PHARMACOPOEIA,  OFFI-
   17  CIAL  HOMEOPATHIC  PHARMACOPOEIA  OF  THE  UNITED  STATES,  OR  OFFICIAL
   18  NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
   19    3. COSMETICS, WHICH SHALL  MEAN  MERCHANDISE,  OTHER  THAN  SOAP,  BUT
   20  INCLUDING  RAZOR  BLADES,  THAT IS INTENDED TO BE RUBBED, POURED, SPRIN-
   21  KLED, OR SPRAYED ONTO, INTRODUCED INTO,  OR  OTHERWISE  APPLIED  TO  THE
   22  HUMAN  BODY  OR  ANY  PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02434-01-5
       A. 6012                             2
    1  ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
    2  THEREOF; OR
    3    4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
    4  CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
    5  TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
    6  POWER.
    7    S 2. This act shall take effect immediately.