Bill S722-2009

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

Establishes no itinerant vendor, except for a manufacturer, an authorized manufacturer's representative, or authorized distributor, shall offer for sale baby food, nonprescription drugs or cosmetics.

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  • Jan 6, 2010: REFERRED TO CONSUMER PROTECTION
  • Jan 14, 2009: REFERRED TO CONSUMER PROTECTION

Memo

 BILL NUMBER:  S722

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

PURPOSE : This legislation amends the General Business Law to specify certain additional items that itinerant vendors are prohibited from selling, as well as clarifying the definitions of certain items that itinerant vendors are currently prohibited from selling.

SUMMARY OF PROVISIONS : Section 1 amends section 38 of the General Business Law, to prohibit any itinerant vendor from selling "baby food," "non-prescription drugs" and "cosmetics" as defined in the bill. Under current law, itinerant vendors are prohibited from selling certain items, including food manufactured and packaged for sale for children under the age of 2, and "drugs" as defined in the Public Health Law. This legislation eliminates these definitions and replaces them with "baby food" and "non-prescription drugs" and establishes more precise definitions. Additionally, the legislation adds the category of "cosmetics" to items that are prohibited from being sold.

Section 2 establishes an effective date.

JUSTIFICATION : The itinerant vendor statute, which was adopted as Chapter 282 of the Laws of 1995 was originally enacted to curtail the sale of certain perishable, high-theft items through the flea markets.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 high temperatures. The need to tighten the definitions in General Business Law section 38 were brought to light this past year when law enforcement officials in central New York State encountered difficulties in halting the sale of stolen non-prescription drugs because of the ambiguous definitions contained in the current law. The proposed bill would clarify the current statute by redefining baby foods and non-prescription drugs. It will expand the statute to include the sale of cosmetics by itinerant vendors, as these products are increasingly becoming targeted by thieves and also because exposure to sunlight and heat can compromise these items. The illegal activity that this bill aims to deter is different from shoplifting. In shoplifting crimes, individuals typically steal single items for their own use, whereas this bill addresses the theft of multiple products by career criminals or shoplifting "gangs" who seek to steal the goods and then resell them at a profit. Baby food, non-prescription drugs and cosmetics are easily targeted by these thieves because they are small, easily concealable and relatively expensive items.

Prohibiting the sale of these items by itinerant vendors will close an outlet for these professional thieves to resell the products they steal, thereby making their theft less desirable.

LEGISLATIVE HISTORY : 2007-08: S.3871, Referred to Consumer Protection 2005-06: S.3174, Passed Senate; Died in Assembly Codes 2004: S.7138-A, Referred to Consumer Protection

FISCAL IMPLICATIONS : None to the state.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 722 2009-2010 Regular Sessions IN SENATE January 14, 2009 ___________
Introduced by Sens. C. JOHNSON, AUBERTINE, DIAZ, DUANE, ONORATO, SAMP- SON, SAVINO -- 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. S 2. This act shall take effect immediately.

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