S525-2011 - NY Senate Open Legislation - Establishes no itinerant vendor shall offer for sale baby food, nonprescription drugs, cosmetics and batteries

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.

Sponsor: FUSCHILLO / Co-sponsor(s): LARKIN, STAVISKY
Law Section: General Business Law / Law: Amd S38, Gen Bus L

S525-2011 Actions

May 30, 2012: referred to codes
May 30, 2012: DELIVERED TO ASSEMBLY
May 30, 2012: PASSED SENATE
May 23, 2012: AMENDED ON THIRD READING 525A
Jan 23, 2012: ADVANCED TO THIRD READING
Jan 19, 2012: 2ND REPORT CAL.
Jan 18, 2012: 1ST REPORT CAL.67
Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Mar 7, 2011: referred to economic development
Mar 7, 2011: DELIVERED TO ASSEMBLY
Mar 7, 2011: PASSED SENATE
Feb 15, 2011: ADVANCED TO THIRD READING
Feb 14, 2011: 2ND REPORT CAL.
Feb 8, 2011: 1ST REPORT CAL.80
Jan 5, 2011: REFERRED TO CONSUMER PROTECTION

S525-2011 Meetings

Consumer Protection: Jan 18, 2012, Consumer Protection: Feb 8, 2011

S525-2011 Calendars

S525-2011 Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - Feb 8, 2011

Ayes (10): Zeldin, Ball, Fuschillo, Little, Marcellino, Saland, Adams, Hassell-Thompson, Huntley, Squadron

VOTE: FLOOR VOTE: - Mar 7, 2011

Ayes (49): Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (7): Breslin, Hassell-Thomps, Huntley, Krueger, Perkins, Rivera, Squadron
Absent (3): Montgomery, Parker, Smith
Excused (3): Adams, Duane, Kruger

VOTE: COMMITTEE VOTE: - Consumer Protection - Jan 18, 2012

Ayes (7): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson
Ayes W/R (2): Adams, Squadron
Nays (1): Huntley

VOTE: FLOOR VOTE: - May 30, 2012

Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (2): Diaz, Johnson

S525-2011 Memo

BILL NUMBER:S525                REVISED 04/20/12

TITLE OF BILL:
An act
to amend the general business law, in relation to itinerant vendors

PURPOSE:
To clarify which products may not be sold pursuant to � 38 of the
General Business Law, so as to make its provisions more enforceable.
Specifically, the bill establishes that no itinerant vendor, except
for a manufacturer, an authorized manufacturer's representative, or
an authorized distributor, shall offer for sale baby food,
non-prescription drugs, cosmetics, or batteries.

SUMMARY OF PROVISIONS:
� 1 - Amends � 38 of the General Business Law to specifically define
the following items -- baby food, non-prescription drugs, cosmetics,
and batteries -- as products that may not be sold in flea markets
unless sold by a manufacturer, an authorized manufacturer's
representative, or an authorized distributor.

� 2 - Effective date.

JUSTIFICATION:
The itinerant vendor statute, which was adopted as Chapter 282, Laws
of 1995, was originally enacted to curtail the sale of certain
perishable, high-theft items through flea markets. The 1995 law
focused on baby foods and over-the-counter drugs, as these were items
that professional thieves were targeting to resell through flea
markets and were products that were compromised when exposed to
sunlight and heat.

The need to tighten the definitions in General Business Law � 38 were
brought to light when law enforcement officials in central New York
encountered difficulties in halting the sale of stolen,
non-prescription drugs because of the ambiguous definitions contained
in the current law. The proposed bill will tighten the current
statute by redefining baby foods and non-prescription drugs. It will
further expand the statute to prevent the sale of cosmetics and
batteries by itinerant vendors, as these products have become
high-theft items among those engaged in organized retail theft and
because many cosmetics are similarly affected by exposure to sunlight
and heat and thereby pose a health risk.

The illegal activity this bill aims to thwart differs from shoplifting
in that shoplifters typically steal single items for their own use,
whereas this bill addresses the multiple theft of products by career
criminals who steal primarily to sell the stolen goods. These crimes
are often committed to support other illegal activity involving drug
use. Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily
concealed, and relatively expensive items. Prohibiting the sale of
these products in flea
markets will close an important outlet to these criminals, thereby
making their theft less desirable. The public health concerns


addressed by this bill and the need to support law enforcement
efforts warrant passage of this measure.

LEGISLATIVE HISTORY:
2011:    Passed Senate (S.525/A.5345)
2010:    Reported to Codes (S.39/A.11029)
2009:    Referred to Consumer Protection (S.39/A.11029)
2007-08: Passed Senate (S.4442/A.6462A)
2005-06: A.5670/S.3174
2003-04: A.10822A/S.7128A

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
Immediately.

S525-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           525
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection
 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.
 LBD00472-01-1
        S. 525                              2
 4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
 CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC
 TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
 POWER.
 

S 2. This act shall take effect immediately.

S525-2011: Establishes no itinerant vendor shall offer for sale baby food, nonprescription drugs, cosmetics and batteries