BILL NUMBER:S3840

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

PURPOSE:  To clarify which products may not be sold in pursuant to
Section 3b of the General Business Law, so as to make its provisions
more enforceable. Specifically, the bill establishes that no itinerant
vendor, except for a manufacturer, an authorized manufacturer's
representative, or an authorized distributor, shall offer for sale
baby food, non-prescription drugs, cosmetics, or batteries.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the General Business Law to specifically
define the following items - baby food, non-prescription drugs,
cosmetics, and batteries - as products that many not be sold in flea
markets unless sold by a manufacturer, an authorized manufacturer's
representative, or an authorized distributor.

Section 2 of this bill provides that this act shall take effect
immediately.

EXISTING LAW:  Currently there is no existing law.

JUSTIFICATION:  The itinerant vendor statute, which was adopted as
              

Chapter 282, Laws of 1995, was originally enacted to curtail the sale
of certain perishable, high-theft items through 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 heat.

The need to tighten the definitions in General Business Law Section 3b
were brought to light when law enforcement officials in central New
York encountered difficulties in halting the sale of stolen,
non-prescription drugs because of the ambiguous definitions contained
in the current law. The proposed bill will tighten the current statute
by redefining baby foods and nonprescription drugs.  It will further
expand the statute to prevent the sale of cosmetics and batteries by
itinerant vendors, as these products have become high-theft items
among those engaged in organized retail theft and because many
cosmetics are similarly affected by exposure to sunlight and heat and
thereby pose a health risk.

The illegal activity this bill aims to thwart differs from shoplifting
in that shoplifters typically steal single items for their own use
whereas this bill addresses the multiple theft of products by career
criminals who steal primarily to sell the stolen goods. These crimes
are often committed to support other illegal activity involving drug
use. Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily
concealed, and relatively expensive items. Prohibiting the sale of
these products in flea markets will close an important outlet to these
criminals, thereby making their theft less desirable. The public
health concerns addressed by this bill and the need to support law
enforcement efforts warrant passage of this measure.


LEGISLATIVE HISTORY:  2013-2014: Passed in Senate (S6290) / A2027
Referred to Codes 2011-12: Passed the Senate (S.525A/A.5345A) 2010:
Reported to Codes (S.39/A.11029) 2009: Referred to Consumer Protection
(S.39/A.11029) 2007-08: Passed Senate (S.4442/A.6462A) 2005-06:
A.5670/S.3174 2003-04: A.10822A/S.7128A

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  This act shall take effect immediately.