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STATE OF NEW YORK
________________________________________________________________________

1457

2011-2012 Regular Sessions

IN ASSEMBLY

January 10, 2011
___________

Introduced  by  M.  of  A. ROSENTHAL, LATIMER, ROBINSON, PAULIN, CAHILL,
  REILLY, MAISEL, DINOWITZ, MARKEY, CLARK, JAFFEE -- Multi-Sponsored  by
  --  M.  of  A.  BOYLAND,  COLTON, GABRYSZAK, GLICK, JEFFRIES, LANCMAN,
  MAYERSOHN, WEISENBERG -- 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:

  Section 1. The general business law is amended by adding a new section
349-e to read as follows:
  S 349-E. PROHIBITIONS AGAINST THE SALE OF EXPIRED GOODS.  1.  FOR  THE
PURPOSE OF THIS SECTION:
  (A)  "RETAIL"  OR  "RETAIL SALE" SHALL MEAN A SALE TO A CONSUMER OR TO
ANY PERSON FOR ANY PURPOSE OTHER THAN FOR RESALE.
  (B) "SELL" OR "OFFER TO SELL" SHALL MEAN THE ACT OF SELLING,  DISPLAY-
ING OR OFFERING GOODS FOR RETAIL SALE.
  (C)  "MERCHANT"  SHALL MEAN A PERSON WHO DEALS IN GOODS OF THE KIND OR
OTHERWISE BY HIS OR HER OCCUPATION  HOLDS  HIMSELF  OR  HERSELF  OUT  AS
HAVING  KNOWLEDGE OR SKILL PARTICULAR TO THE PRACTICES OR GOODS INVOLVED
IN THE TRANSACTION OR TO WHOM SUCH KNOWLEDGE OR SKILL MAY BE  ATTRIBUTED
BY HIS OR HER EMPLOYMENT OF AN AGENT OR BROKER OR OTHER INTERMEDIARY WHO
BY  HIS  OR  HER  OCCUPATION HOLDS HIMSELF OR HERSELF OUT AS HAVING SUCH
KNOWLEDGE OR SKILL.
  (D) "EXPIRATION DATE" SHALL MEAN THE DATE LISTED  ON  THE  ITEM  AFTER
WHICH THE GOODS DECLINE IN QUALITY, FRESHNESS, EFFICACY OR UTILITY.
  2. (A) NO MERCHANT SHALL OFFER GOODS FOR RETAIL SALE AFTER THEIR EXPI-
RATION DATE, UNLESS SUCH GOODS ARE SEGREGATED, CLEARLY AND CONSPICUOUSLY
MARKED,  AND  OFFERED AT A REDUCTION FROM THE CUSTOMARY SELLING PRICE AT
WHICH IDENTICAL UNEXPIRED GOODS ARE OFFERED FOR SALE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01762-01-1
A. 1457                             2

  (B) OFFERING GOODS FOR SALE  AFTER  THEIR  EXPIRATION  DATE  SHALL  BE
CONSIDERED  A  VIOLATION  OF THE WARRANTY OF MERCHANTABILITY AND A MATE-
RIALLY DECEPTIVE ACT, IN VIOLATION OF SECTION THREE  HUNDRED  FORTY-NINE
OF THIS ARTICLE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.