Assembly Bill A5653B

Signed By Governor
2023-2024 Legislative Session

Relates to price gouging of medicine

download bill text pdf

Sponsored By

Current Bill Status Via S608 - Signed by Governor

  • 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
Votes

Bill Amendments

co-Sponsors

2023-A5653 - Details

See Senate Version of this Bill:
S608
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5946, S3654
2021-2022: A5860, S3081

2023-A5653 - Summary

Prohibits selling a drug subject to a shortage for an unconscionably excessive price.

2023-A5653 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5653
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of  A. REYES, WILLIAMS, OTIS, WALSH -- read once and
   referred to the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to the price goug-
   ing of medicine
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    Subdivision  2 of section 396-r of the general business
 law, as amended by chapter 90 of the laws of 2020, is amended to read as
 follows:
   2. (A) During any abnormal disruption of  the  market  for  goods  and
 services  vital  and  necessary  for  the  health, safety and welfare of
 consumers or the general public, no party within the chain  of  distrib-
 ution  of such goods or services or both shall sell or offer to sell any
 such goods or services or both for an amount which represents an  uncon-
 scionably excessive price.
   (B)  For  purposes of this section, the phrase "abnormal disruption of
 the market" shall mean any change in the market, whether actual or immi-
 nently threatened, resulting  from  stress  of  weather,  convulsion  of
 nature, failure or shortage of electric power or other source of energy,
 strike, civil disorder, war, military action, national or local emergen-
 cy,  DRUG  SHORTAGE,  or  other  cause  of an abnormal disruption of the
 market which results in the declaration of a state of emergency  by  the
 governor.  FOR  PURPOSES  OF  THIS SECTION, THE TERM DRUG SHORTAGE SHALL
 MEAN THE ISSUANCE OF A NOTICE BY THE U.S. FOOD AND  DRUG  ADMINISTRATION
 PURSUANT  TO  SECTION 506C-1 OF THE FEDERAL FOOD DRUGS AND COSMETICS ACT
 OR ANY SUCCESSOR PROVISION THEREOF.
   (C) For the purposes of this section,  the  term  goods  and  services
 shall  include  [(a)]  (I)  consumer  goods and services used, bought or
 rendered primarily for personal, family  or  household  purposes,  [(b)]
 (II)  essential  medical  supplies and services used for the care, cure,
 mitigation, treatment or prevention of any illness or disease, and [(c)]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03763-04-3

co-Sponsors

2023-A5653A - Details

See Senate Version of this Bill:
S608
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5946, S3654
2021-2022: A5860, S3081

2023-A5653A - Summary

Prohibits selling a drug subject to a shortage for an unconscionably excessive price.

2023-A5653A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5653--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of  A. REYES, WILLIAMS, OTIS, WALSH -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   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 price goug-
   ing of medicine

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  2 of section 396-r of the general business
 law, as amended by chapter 90 of the laws of 2020, is amended to read as
 follows:
   2. (A) During any abnormal disruption of  the  market  for  goods  and
 services  vital  and  necessary  for  the  health, safety and welfare of
 consumers or the general public, no party within the chain  of  distrib-
 ution  of such goods or services or both shall sell or offer to sell any
 such goods or services or both for an amount which represents an  uncon-
 scionably excessive price.
   (B)  For  purposes of this section, the phrase "abnormal disruption of
 the market" shall mean any change in the market, whether actual or immi-
 nently threatened, resulting  from  stress  of  weather,  convulsion  of
 nature, failure or shortage of electric power or other source of energy,
 strike, civil disorder, war, military action, national or local emergen-
 cy,  DRUG  SHORTAGE,  or  other  cause  of an abnormal disruption of the
 market which results in the declaration of a state of emergency  by  the
 governor.
   (C) FOR PURPOSES OF THIS SECTION, THE TERM "DRUG SHORTAGE" SHALL MEAN,
 WITH RESPECT TO ANY DRUG OR MEDICAL PRODUCT INTENDED FOR HUMAN USE, THAT
 SUCH  DRUG OR MEDICAL PRODUCT IS PUBLICLY REPORTED AS BEING SUBJECT TO A
 SHORTAGE THE U.S. FOOD AND DRUG ADMINISTRATION.
   (D) For the purposes of this section, the term  "goods  and  services"
 shall  include  [(a)]  (I)  consumer  goods and services used, bought or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03763-06-3

co-Sponsors

2023-A5653B (ACTIVE) - Details

See Senate Version of this Bill:
S608
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5946, S3654
2021-2022: A5860, S3081

2023-A5653B (ACTIVE) - Summary

Prohibits selling a drug subject to a shortage for an unconscionably excessive price.

2023-A5653B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5653--B
                                                         Cal. No. 175
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of  A. REYES, WILLIAMS, OTIS, WALSH -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported from committee, advanced  to
   a third reading, amended and ordered reprinted, retaining its place on
   the order of third reading
 
 AN ACT to amend the general business law, in relation to the price goug-
   ing of medicine
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2 of section 396-r  of  the  general  business
 law, as amended by chapter 90 of the laws of 2020, is amended to read as
 follows:
   2.  (A)  During  any  abnormal  disruption of the market for goods and
 services vital and necessary for  the  health,  safety  and  welfare  of
 consumers  or  the general public, no party within the chain of distrib-
 ution of such goods or services or both shall sell or offer to sell  any
 such  goods or services or both for an amount which represents an uncon-
 scionably excessive price.
   (B) For purposes of this section, the phrase "abnormal  disruption  of
 the market" shall mean any change in the market, whether actual or immi-
 nently  threatened,  resulting  from  stress  of  weather, convulsion of
 nature, failure or shortage of electric power or other source of energy,
 strike, civil disorder, war, military action, national or local emergen-
 cy, DRUG SHORTAGE, or other cause  of  an  abnormal  disruption  of  the
 market  which  results in the declaration of a state of emergency by the
 governor.
   (C) FOR PURPOSES OF THIS SECTION, THE TERM "DRUG SHORTAGE" SHALL MEAN,
 WITH RESPECT TO ANY DRUG OR MEDICAL PRODUCT INTENDED FOR HUMAN USE, THAT
 SUCH DRUG OR MEDICAL PRODUCT IS PUBLICLY REPORTED AS BEING SUBJECT TO  A
 SHORTAGE BY THE U.S. FOOD AND DRUG ADMINISTRATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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