BILL NUMBER: S1403

SPONSOR: CARLUCCI
 
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, cosmet-
              

ics, and batteries - as products that many not be sold in flea markets
unless sold by a manufacturer, an authorized manufacturer's represen-
tative, or an authorized distributor.

Section 2 of this bill provides that this act shall take effect imme-
diately.

 
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1995, was originally enacted to curtail the sale of certain perishable,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 wher-
eas this bill addresses the multiple theft of products by career crimi-
nals 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 attrac-
tive 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:

2017-18: S4048/A5581 - PASSED SENATE/codes
2013-2014: Passed in Senate (S.6290) / A.2027 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.