Abbate, Galef, Hooper, Jaffee, Magee, Magnarelli, Markey, Perry, Russell
Amd S38, Gen Bus L
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.
STATE OF NEW YORK
________________________________________________________________________
6012
2015-2016 Regular Sessions
IN ASSEMBLY
March 10, 2015
___________
Introduced by M. of A. SCHIMMINGER, CLARK -- Multi-Sponsored by -- M. of
A. ABBATE, GALEF, HOOPER, JAFFEE, MAGEE, MAGNARELLI, MARKEY, PERRY,
RUSSELL -- read once and referred to the Committee on Economic Devel-
opment
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:
1 Section 1. Section 38 of the general business law, as added by chapter
2 282 of the laws of 1995, is amended to read as follows:
3 § 38. Prohibited sales. No itinerant vendor, except for a manufactur-
4 er, an authorized manufacturer's representative, or authorized distribu-
5 tor, shall offer for sale any of the following items:
6 1. [Food manufactured and packaged for sale for consumption by a child
7 under the age of two years; or
8 2. Drugs as defined in section three thousand three hundred two of the
9 public health law] Baby food, which shall include any food manufactured
10 and packaged specifically for consumption by a child under two years of
11 age. The term shall include infant formula;
12 2. Nonprescription drugs, which shall include any non-narcotic medi-
13 cine or drug that may be sold without a prescription. The term shall
14 include any drugs commonly known as "over-the-counter drugs," dietary
15 supplements as defined in 21 USC 32(ff), and vitamins and substances
16 recognized as drugs in the official United States Pharmacopoeia, offi-
17 cial Homeopathic Pharmacopoeia of the United States, or official
18 National Formulary, or any supplement to such publications;
19 3. Cosmetics, which shall mean merchandise, other than soap, but
20 including razor blades, that is intended to be rubbed, poured, sprin-
21 kled, or sprayed onto, introduced into, or otherwise applied to the
22 human body or any part thereof for cleansing, beautifying, promoting
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02434-01-5
A. 6012 2
1 attractiveness, or altering the appearance of the human body or any part
2 thereof; or
3 4. Batteries, which shall mean a device consisting of one or more
4 cells, each cell consisting of a positive electrode, a negative elec-
5 trode and an electrolyte, which is used to provide stored electrical
6 power.
7 § 2. This act shall take effect immediately.
