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                              SALE OF OUTDATED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



              

                             
                     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
              

 
   [2.]  (B)  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.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "LABEL" SHALL MEAN THE LABEL REQUIRED BY THE  STATUTES  APPLICABLE
 TO  AND  REGULATIONS ISSUED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION;
 AND
   (B) "COSMETIC" SHALL MEAN   ARTICLES   INTENDED    TO    BE    RUBBED,
 POURED,  SPRINKLED  OR SPRAYED ON, INTRODUCED INTO, OR OTHERWISE APPLIED
 TO THE HUMAN BODY OR ANY PART THEREOF   FOR   CLEANSING,    BEAUTIFYING,
 PROMOTING  ATTRACTIVENESS, OR ALTERING THE APPEARANCE, INCLUDING BUT NOT
 LIMITED TO PERSONAL HYGIENE  PRODUCTS  SUCH  AS  DEODORANT,  SHAMPOO  OR
 CONDITIONER.
   § 3. This act shall take effect immediately.