Bill Text: NY S08880 | 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: (Introduced) 2024-04-15 - PRINT NUMBER 8880A [S08880 Detail]

Download: New_York-2023-S08880-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8880--A

                    IN SENATE

                                     March 25, 2024
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, 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     4                               SALE OF OUTDATED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    15  identified  as  an outdated drug or cosmetic by segregation from regular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
    20    [2.] (b) to knowingly alter, mutilate, destroy,  obliterate,  obstruct
    21  or remove by means of a price sticker or otherwise the whole or any part
    22  of [the expiration date displayed on] the label or packaging, including,
    23  where  applicable,  the  expiration date displayed thereon, of any over-
    24  the-counter drug or cosmetic.
    25    2. For purposes of this section, the following terms  shall  have  the
    26  following meanings:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01243-05-4
        S. 8880--A                          2

     1    (a)  "label"  shall mean the label required by the statutes applicable
     2  to and regulations issued by the federal food and  drug  administration;
     3  and
     4    (b)  "cosmetic"  shall  mean   articles   intended   to   be   rubbed,
     5  poured, sprinkled or sprayed on, introduced into, or  otherwise  applied
     6  to  the  human  body  or any part thereof  for  cleansing,  beautifying,
     7  promoting attractiveness, or altering the appearance, including but  not
     8  limited  to  personal  hygiene  products  such  as deodorant, shampoo or
     9  conditioner.
    10    § 3. This act shall take effect immediately.