Bill Text: NY A07437 | 2019-2020 | 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 6-0)

Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A07437 Detail]

Download: New_York-2019-A07437-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7437
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 3, 2019
                                       ___________
        Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
          ABBATE, GALEF, JAFFEE, MAGNARELLI, PERRY -- read once and referred  to
          the Committee on Economic Development
        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    §  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
    23  attractiveness, or altering the appearance of the human body or any part
    24  thereof; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06486-01-9
        A. 7437                             2
     1    4. Batteries, which shall mean   a device consisting of  one  or  more
     2  cells,  each  cell  consisting of a positive electrode, a negative elec-
     3  trode and an electrolyte, which is used  to  provide  stored  electrical
     4  power.
     5    § 2. This act shall take effect immediately.