NY State Senate Bill 2021-S3986

Senate Bill S3986

2021-2022 Legislative Session

Establishes no itinerant vendor shall offer for sale baby food, nonprescription drugs, cosmetics and batteries

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Feb 01, 2021	referred to consumer protection

2021-S3986 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §38, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S39
2011-2012: S525
2013-2014: S743, S6290
2015-2016: S3840
2017-2018: S4048
2019-2020: S1403

2021-S3986 (ACTIVE) - Summary

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.

2021-S3986 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3986

SPONSOR: REICHLIN-MELNICK
 
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 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 may 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.

 
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1995, was originally enacted to curtail the sale of certain perishable,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 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.

These crimes are often committed to support other illegal activity
involving drug use. Baby foods, non-prescription drugs, cosmetics and
batteries are attractive to 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 criminals,
making their theft less desirable.

 
LEGISLATIVE HISTORY:

2019-20: S1430 - Passed Senate

2017-18: S4048 - Passed Senate

2015-16: S3840 - Passed Senate

2013-14: S6290 - Passed Senate

S743 - Passed Senate

2011-12: S525A - Passed Senate

2009-10: S39 - Reported and Committed to Codes

2007-08: S4442 - Passed Senate

2005-06: S3174 - Passed Senate

2003-04: S7128A - Amended and recommitted to codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3986 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3986
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection
 
 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:
 
   Section 1. Section 38 of the general business law, as added by chapter
 282 of the laws of 1995, is amended to read as follows:
   §  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
 ER, an authorized manufacturer's representative, or authorized distribu-
 tor, shall offer for sale any of the following items:
   1. [Food manufactured and packaged for sale for consumption by a child
 under the age of two years; or
   2. Drugs as defined in section three thousand three hundred two of the
 public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
 AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
 AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
   2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
 CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
 INCLUDE ANY DRUGS COMMONLY KNOWN AS  "OVER-THE-COUNTER  DRUGS,"  DIETARY
 SUPPLEMENTS  AS  DEFINED  IN  21 USC 32(FF), AND VITAMINS AND SUBSTANCES
 RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES  PHARMACOPOEIA,  OFFI-
 CIAL  HOMEOPATHIC  PHARMACOPOEIA  OF  THE  UNITED  STATES,  OR  OFFICIAL
 NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
   3. COSMETICS, WHICH SHALL  MEAN  MERCHANDISE,  OTHER  THAN  SOAP,  BUT
 INCLUDING  RAZOR  BLADES,  THAT IS INTENDED TO BE RUBBED, POURED, SPRIN-
 KLED, OR SPRAYED ONTO, INTRODUCED INTO,  OR  OTHERWISE  APPLIED  TO  THE
 HUMAN  BODY  OR  ANY  PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING
 ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
 THEREOF; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08257-01-1

 S. 3986                             2
 
   4. BATTERIES, WHICH SHALL MEAN   A DEVICE CONSISTING OF  ONE  OR  MORE
 CELLS,  EACH  CELL  CONSISTING OF A POSITIVE ELECTRODE, A NEGATIVE ELEC-
 TRODE AND AN ELECTROLYTE, WHICH IS USED  TO  PROVIDE  STORED  ELECTRICAL
 POWER.
   § 2. This act shall take effect immediately.

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