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.
Ayes (10): Zeldin, Ball, Fuschillo, Little, Marcellino, Saland, Adams, Hassell-Thompson, Huntley, Squadron
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
Ayes (7): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson
Ayes W/R (2): Adams, Squadron
Nays (1): Huntley
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JUSTIFICATION: The itinerant vendor statute, which was adopted as Chapter 282, Laws of 1995, was originally enacted to curtail the sale of certain perishable, high-theft items through flea markets.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.
STATE OF NEW YORK ________________________________________________________________________ 525 2011-2012 Regular Sessions IN 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; OREXPLANATION--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.