Assembly Bill A2272

2017-2018 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2017-A2272 (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
2015-2016: A432

2017-A2272 (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.

2017-A2272 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2272
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, PAULIN, CAHILL, DINOWITZ, 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:
   § 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.
   (B) OFFERING GOODS FOR SALE  AFTER  THEIR  EXPIRATION  DATE  SHALL  BE
 CONSIDERED  A  VIOLATION  OF THE WARRANTY OF MERCHANTABILITY AND A MATE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05360-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.