What's happening
This bill prohibits itinerant vendors from selling baby food, nonprescription drugs, cosmetics, or batteries, with exceptions for manufacturers and authorized representatives.
Why it matters
Protects public health and safety. by restricting street or door-to-door vendors (itinerant vendors) from selling baby food, over-the-counter drugs, cosmetics, and batteries, which are items that can be unsafe or tampered with if not properly stored or sourced.
Reduces the risk of counterfeit or substandard products. reaching consumers, especially for baby food and medicines, by limiting sales to manufacturers and their authorized representatives or distributors—entities more easily regulated and held accountable.
Prevents improper handling and storage. of sensitive products like medicines and batteries, which can degrade or become dangerous if exposed to heat, cold, or moisture—conditions common in temporary vendor setups.
Helps ensure traceability and accountability. for health-critical products, making it easier to conduct recalls and address consumer complaints due to a more controlled supply chain.
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Who cares
Headline styles
Ban Street Sales: Baby Food, Drugs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.190
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 40–20
- Ordered to third reading cal.332
- Committee discharged and committed to rules
Show 1 earlier action
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Street Sales of Essentials
In Assembly Committee · Economic Development · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1403
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. CARLUCCI -- 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 Assembly, 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 manufacturer, an authorized manufacturer's representative, or authorized distributor, 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 medicine 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, official 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, sprinkled, 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.
LBD06486-01-9
S. 1403 2
4. Batteries, which shall mean a device consisting of one or more cells, each cell consisting of a positive electrode, a negative electrode and an electrolyte, which is used to provide stored electrical power.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 in 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 many 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.
Existing law
Currently there is no existing law.
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 need to tighten the definitions in General Business Law Section 3b were brought to light when law enforcement officials in central New York encountered difficulties in halting the sale of stolen, non-prescription drugs because of the ambiguous definitions contained in the current law. 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.
The illegal activity this bill aims to thwart differs from shoplifting in that shoplifters typically steal single items for their own use wher- eas this bill addresses the multiple theft of products by career crimi- nals who steal primarily to sell the stolen goods. These crimes are often committed to support other illegal activity involving drug use. Baby foods, non-prescription drugs, cosmetics and batteries are attrac- tive to these 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 these criminals, thereby making their theft less desirable. The public health concerns addressed by this bill and the need to support law enforcement efforts warrant passage of this measure.
Legislative history
2017-18: S4048/A5581 - PASSED SENATE/codes 2013-2014: Passed in Senate (S.6290) / A.2027 Referred to Codes 2011-12: Passed the Senate (S.525A/A.5345A) 2010: Reported to Codes (S.39/A.11029) 2009: Referred to Consumer Protection (S.39/A.11029) 2007-08: Passed Senate (S.4442/A.6462A) 2005-06: A.5670/S.3174 2003-04: A.10822A/S.7128A
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.