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SB1310 Text:

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

                                         1310

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health

       AN ACT to amend the public health law, in relation to required  labeling
         on prescription drugs

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The public health law is amended by adding  a  new  article
    2  33-B to read as follows:
    3                                 ARTICLE 33-B
    4                   REQUIRED LABELING ON PRESCRIPTION DRUGS
    5  SECTION  3398. IDENTIFICATION OF EXPIRATION DATES ON PACKAGES CONTAINING
    6                    PRESCRIBED DRUGS.
    7    S 3398. IDENTIFICATION OF  EXPIRATION  DATES  ON  PACKAGES  CONTAINING
    8  PRESCRIBED DRUGS. 1. NO PRESCRIBED DRUG DISPENSED BY A PHARMACY PURSUANT
    9  TO  A  PRESCRIPTION  BY  AN AUTHORIZED PRACTITIONER OF MEDICINE OR OTHER
   10  PERSON LEGALLY AUTHORIZED TO ISSUE SUCH PRESCRIPTION MAY BE SOLD TO  THE
   11  PUBLIC  UNLESS THE PACKAGING INCLUDES A LABEL WHICH LISTS THE EXPIRATION
   12  DATE BY MONTH AND YEAR FOR THIS PRESCRIBED DRUG.
   13    2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
   14  TORY TO HIM THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION  OR  AGENT
   15  OR  EMPLOYEE  THEREOF HAS VIOLATED ANY PROVISION OF THIS ARTICLE, HE MAY
   16  BRING AN ACTION IN THE SUPREME COURT OF THE STATE  OF  NEW  YORK  FOR  A
   17  JUDGMENT  ENJOINING  THE  CONTINUANCE  OF SUCH VIOLATION AND FOR A CIVIL
   18  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IF  IT
   19  SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
   20  DEFENDANT HAS VIOLATED ANY PROVISION OF THIS ARTICLE, NO PROOF SHALL  BE
   21  REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT
   22  KNOWINGLY  OR  INTENTIONALLY  VIOLATED  SUCH  PROVISION.  IN SUCH ACTION
   23  PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
   24  PRACTICE LAW AND RULES.
   25    S 2. This act shall take effect on the one hundred eightieth day after
   26  it shall have become a law.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04280-01-3
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