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A2272Assembly2017-2018 Session

Ban Sale of Expired Goods

Official title

“Prohibits the sale of expired goods”

Status
In Assembly Committee
Consumer Affairs And Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill prohibits merchants from selling expired goods unless they are clearly marked, segregated, and discounted.

Why it matters

  1. Shifts responsibility to merchants. by making it illegal to sell expired goods unless they are clearly marked, separated from unexpired products, and discounted—this puts the onus on businesses to actively manage inventory and prevent accidental sales of expired items.

  2. Strengthens consumer protections. by defining the sale of expired goods as both a breach of the implied warranty of merchantability and a materially deceptive act under state law, giving consumers stronger legal grounds for complaints and potential recourse.

  3. Promotes transparency and informed choices. for consumers by requiring clear labeling and segregation of expired goods, reducing the risk of consumers unknowingly purchasing products past their expiration date.

  4. Could impact business practices and liability. by increasing the potential legal exposure of merchants who fail to comply, possibly leading to changes in how retailers handle expiration dates, inventory checks, and staff training.

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Who cares

  • Retail merchants

    The bill would prohibit offering expired goods unless they are segregated, clearly marked and discounted from the customary price of identical unexpired goods.

  • Consumers buying dated goods

    The bill would require separation, conspicuous labeling and reduced prices for expired goods offered at retail.

  • Consumer protection attorneys and advocates

    The bill would classify offering expired goods for sale as a breach of the warranty of merchantability and a materially deceptive act under General Business Law section 349.

Headline styles

Ban Sale of Expired Goods

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

History

  1. Referred to consumer affairs and protection
  2. Referred to consumer affairs and protection

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2272

2017-2018 Regular Sessions

IN ASSEMBLY

January 17, 2017

Introduced by M. of A. ROSENTHAL, PAULIN, CAHILL, DINOWITZ, JAFFEE -- Multi-Sponsored by -- M. of A. COLTON, GLICK, PERRY -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the sale of expired goods

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 349-f to read as follows:

§ 349-f. Prohibitions against the sale of expired goods. 1. For the purpose of this section:

(a) "Retail" or "retail sale" shall mean a sale to a consumer or to any person for any purpose other than for resale.

(b) "Sell" or "offer to sell" shall mean the act of selling, displaying or offering goods for retail sale.

(c) "Merchant" shall mean a person who deals in goods of the kind or otherwise by his or her occupation holds himself or herself out as having knowledge or skill particular to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by his or her occupation holds himself or herself out as having such knowledge or skill.

(d) "Expiration date" shall mean the date listed on the item after which the goods decline in quality, freshness, efficacy or utility.

2. (a) No merchant shall offer goods for retail sale after their expiration date, unless such goods are segregated, clearly and conspicuously marked, and offered at a reduction from the customary selling price at which identical unexpired goods are offered for sale.

(b) Offering goods for sale after their expiration date shall be considered a violation of the warranty of merchantability and a mate-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05360-01-7

A. 2272 2

rially deceptive act, in violation of section three hundred forty-nine of this article.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.