Assembly Bill A11029

2009-2010 Legislative Session

Establishes no itinerant vendor shall offer for sale baby food, nonprescription drugs, cosmetics and batteries

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A11029 (ACTIVE) - Details

See Senate Version of this Bill:
S39
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §38, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S525
2013-2014: S743, S6290
2015-2016: S3840
2017-2018: S4048
2019-2020: S1403
2021-2022: S3986

2009-A11029 (ACTIVE) - Summary

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.

2009-A11029 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11029

                          I N  A S S E M B L Y

                              May 10, 2010
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  CLARK, MAYERSOHN, SKARTADOS --
  Multi-Sponsored  by  --  M.    of  A.  ABBATE,  BOYLAND,  CHRISTENSEN,
  DelMONTE,  GALEF,  GORDON,  HOOPER,  JAFFEE,  JOHN, MAGEE, MAGNARELLI,
  MAISEL, MARKEY, PARMENT, PERRY, RUSSELL, SWEENEY, TOWNS --  read  once
  and  referred  to the Committee on Economic Development, Job Creation,
  Commerce and Industry

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:

  Section 1. Section 38 of the general business law, as added by chapter
282 of the laws of 1995, is amended to read as follows:
  S 38. Prohibited sales. No itinerant vendor, except for A  MANUFACTUR-
ER, an authorized manufacturer's representative, or authorized distribu-
tor, shall offer for sale any of the following items:
  1. [Food manufactured and packaged for sale for consumption by a child
under the age of two years; or
  2. Drugs as defined in section three thousand three hundred two of the
public  health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD MANUFACTURED
AND PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS  OF
AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
  2.  NONPRESCRIPTION  DRUGS, WHICH SHALL INCLUDE ANY NON-NARCOTIC MEDI-
CINE OR DRUG THAT MAY BE SOLD WITHOUT A  PRESCRIPTION.  THE  TERM  SHALL
INCLUDE  ANY  DRUGS  COMMONLY  KNOWN AS "OVER-THE-COUNTER DRUGS," HERBAL
PRODUCTS, DIETARY SUPPLEMENTS,  BOTANICAL  EXTRACTS,  AND  VITAMINS  AND
SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO-
EIA,  OFFICIAL  HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR OFFI-
CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
  3. COSMETICS, WHICH SHALL  MEAN  MERCHANDISE,  OTHER  THAN  SOAP,  BUT
INCLUDING  RAZOR  BLADES,  THAT IS INTENDED TO BE RUBBED, POURED, SPRIN-
KLED, OR SPRAYED ONTO, INTRODUCED INTO,  OR  OTHERWISE  APPLIED  TO  THE
HUMAN  BODY  OR  ANY  PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING
ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
THEREOF; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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