Makes it illegal to knowingly alter, mutilate, destroy, obliterate, obstruct or remove by means of a price sticker or otherwise the whole or any part of the label, including where applicable the expiration date displayed thereon, of any over-the-counter drug or cosmetic.
STATE OF NEW YORK
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8880--A
IN SENATE
March 25, 2024
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to the sale of
over-the-counter drugs and cosmetic products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 38-A of the general business
2 law, as added by chapter 697 of the laws of 1986, is amended to read as
3 follows:
4 SALE OF OUTDATED
5 AND LABEL OBSTRUCTED OVER-THE-COUNTER DRUGS AND
6 COSMETIC PRODUCTS
7 § 2. Section 820 of the general business law, as added by chapter 697
8 of the laws of 1986, is amended to read as follows:
9 § 820. Unlawful practices. 1. It shall be unlawful for any retailer:
10 [1.] (a) to knowingly sell or offer for sale, any drug or cosmetic
11 sold over-the-counter without the need of a prescription, later than the
12 date, if any, marked upon the label as indicative of the date beyond
13 which the contents cannot be expected beyond reasonable doubt to be safe
14 and effective; provided, however, that when such drug or cosmetic is
15 identified as an outdated drug or cosmetic by segregation from regular
16 stock or by other means, the holding of such drug or cosmetic beyond its
17 expiration date shall not be deemed a violation of this section. When
18 the expiration date is expressed by month and year, the expiration date
19 shall be the last day of the month indicated; or
20 [2.] (b) to knowingly alter, mutilate, destroy, obliterate, obstruct
21 or remove by means of a price sticker or otherwise the whole or any part
22 of [the expiration date displayed on] the label or packaging, including,
23 where applicable, the expiration date displayed thereon, of any over-
24 the-counter drug or cosmetic.
25 2. For purposes of this section, the following terms shall have the
26 following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01243-05-4
S. 8880--A 2
1 (a) "label" shall mean the label required by the statutes applicable
2 to and regulations issued by the federal food and drug administration;
3 and
4 (b) "cosmetic" shall mean articles intended to be rubbed,
5 poured, sprinkled or sprayed on, introduced into, or otherwise applied
6 to the human body or any part thereof for cleansing, beautifying,
7 promoting attractiveness, or altering the appearance, including but not
8 limited to personal hygiene products such as deodorant, shampoo or
9 conditioner.
10 § 3. This act shall take effect immediately.