Assembly Bill A1010B

2023-2024 Legislative Session

Prohibits label obstruction of over-the-counter drugs

download bill text pdf

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Current Bill Status - Passed Senate & Assembly

  • 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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Bill Amendments

2023-A1010 - Details

See Senate Version of this Bill:
S8880
Law Section:
General Business Law
Laws Affected:
Amd Art 38-A Art Head, §820, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3976
2011-2012: A2131, A8950
2013-2014: A2256
2015-2016: A2817
2017-2018: A4922
2019-2020: A4226
2021-2022: A8811

2023-A1010 - Summary

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.

2023-A1010 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1010
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to the sale of
   over-the-counter drugs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The article heading of article 38-A of the general business
 law,  as added by chapter 697 of the laws of 1986, is amended to read as
 follows:
                              SALE OF OUTDATED
                AND LABEL OBSTRUCTED OVER-THE-COUNTER DRUGS
   § 2. Subdivision 2 of section 820 of  the  general  business  law,  as
 added by chapter 697 of the laws of 1986, is amended to read as follows:
   2.  to  knowingly  alter,  mutilate,  destroy, obliterate or remove by
 means of a price sticker or otherwise the whole  or  any  part  of  [the
 expiration  date displayed on] the label [or packaging], INCLUDING WHERE
 APPLICABLE THE EXPIRATION DATE DISPLAYED THEREON, of any  over-the-coun-
 ter drug OR COSMETIC. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "LABEL"
 SHALL  MEAN  THE  LABEL REQUIRED BY THE STATUTES APPLICABLE TO AND REGU-
 LATIONS ISSUED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01243-01-3

2023-A1010A - Details

See Senate Version of this Bill:
S8880
Law Section:
General Business Law
Laws Affected:
Amd Art 38-A Art Head, §820, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3976
2011-2012: A2131, A8950
2013-2014: A2256
2015-2016: A2817
2017-2018: A4922
2019-2020: A4226
2021-2022: A8811

2023-A1010A - Summary

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.

2023-A1010A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1010--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on  Consumer Affairs and Protection -- recommitted to the Committee on
   Consumer Protection in accordance with Assembly  Rule  3,  sec.  2  --
   reported   and  referred  to  the  Committee  on  Codes  --  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:
 
   Section 1. The article heading of article 38-A of the general business
 law, as added by chapter 697 of the laws of 1986, is amended to read  as
 follows:
                              SALE OF OUTDATED
              AND LABEL OBSTRUCTED OVER-THE-COUNTER DRUGS AND
                             COSMETIC PRODUCTS
   §  2.  Subdivision  2  of  section 820 of the general business law, as
 added by chapter 697 of the laws of 1986, is amended to read as follows:
   2. to knowingly alter,  mutilate,  destroy,  obliterate,  OBSTRUCT  or
 remove by means of a price sticker or otherwise the whole or any part of
 [the  expiration  date displayed on] the label [or packaging], INCLUDING
 WHERE APPLICABLE THE EXPIRATION DATE DISPLAYED THEREON, of any over-the-
 counter drug OR COSMETIC. FOR PURPOSES OF  THIS  SUBDIVISION,  THE  TERM
 "LABEL"  SHALL MEAN THE LABEL REQUIRED BY THE STATUTES APPLICABLE TO AND
 REGULATIONS ISSUED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01243-02-4

2023-A1010B (ACTIVE) - Details

See Senate Version of this Bill:
S8880
Law Section:
General Business Law
Laws Affected:
Amd Art 38-A Art Head, §820, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3976
2011-2012: A2131, A8950
2013-2014: A2256
2015-2016: A2817
2017-2018: A4922
2019-2020: A4226
2021-2022: A8811

2023-A1010B (ACTIVE) - Summary

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.

2023-A1010B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1010--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on  Consumer Affairs and Protection -- recommitted to the Committee on
   Consumer Protection in accordance with Assembly  Rule  3,  sec.  2  --
   reported   and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, 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:
 
   Section 1. The article heading of article 38-A of the general business
 law,  as added by chapter 697 of the laws of 1986, is amended to read as
 follows:
                              SALE OF OUTDATED
              AND LABEL OBSTRUCTED OVER-THE-COUNTER DRUGS AND
                             COSMETIC PRODUCTS
   § 2. Section 820 of the general business law, as added by chapter  697
 of the laws of 1986, is amended to read as follows:
   § 820. Unlawful practices. 1. It shall be unlawful for any retailer:
   [1.]  (A)  to  knowingly  sell or offer for sale, any drug OR COSMETIC
 sold over-the-counter without the need of a prescription, later than the
 date, if any, marked upon the label as indicative  of  the  date  beyond
 which the contents cannot be expected beyond reasonable doubt to be safe
 and  effective;  provided,  however,  that when such drug OR COSMETIC is
 identified as an outdated drug OR COSMETIC by segregation  from  regular
 stock or by other means, the holding of such drug OR COSMETIC beyond its
 expiration  date  shall  not be deemed a violation of this section. When
 the expiration date is expressed by month and year, the expiration  date
 shall be the last day of the month indicated; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01243-04-4
 A. 1010--B                          2

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