Assembly Bill A432

2015-2016 Legislative Session

Prohibits the sale of expired goods

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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2015-A432 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3656
2011-2012: A1457
2013-2014: A217
2017-2018: A2272

2015-A432 (ACTIVE) - Summary

Prohibits the sale of expired goods, unless such goods are clearly marked, segregated from the rest, and offered for sale at a reduced price.

2015-A432 (ACTIVE) - Bill Text download pdf 

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

                                   432

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. ROSENTHAL, ROBINSON, PAULIN, CAHILL, DINOWITZ,
  MARKEY, CLARK, JAFFEE -- Multi-Sponsored by -- M. of A. COLTON, GLICK,
  PERRY -- 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-f to read as follows:
  S 349-F. 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.
                                                           LBD03926-01-5

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