Bill Text: NY A01457 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the sale of expired goods; unless such goods are clearly marked and segregated from the rest.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A01457 Detail]

Download: New_York-2011-A01457-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1457
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced  by  M.  of  A. ROSENTHAL, LATIMER, ROBINSON, PAULIN, CAHILL,
         REILLY, MAISEL, DINOWITZ, MARKEY, CLARK, JAFFEE -- Multi-Sponsored  by
         --  M.  of  A.  BOYLAND,  COLTON, GABRYSZAK, GLICK, JEFFRIES, LANCMAN,
         MAYERSOHN, WEISENBERG -- 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 ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  349-e to read as follows:
    3    S 349-E. PROHIBITIONS AGAINST THE SALE OF EXPIRED GOODS.  1.  FOR  THE
    4  PURPOSE OF THIS SECTION:
    5    (A)  "RETAIL"  OR  "RETAIL SALE" SHALL MEAN A SALE TO A CONSUMER OR TO
    6  ANY PERSON FOR ANY PURPOSE OTHER THAN FOR RESALE.
    7    (B) "SELL" OR "OFFER TO SELL" SHALL MEAN THE ACT OF SELLING,  DISPLAY-
    8  ING OR OFFERING GOODS FOR RETAIL SALE.
    9    (C)  "MERCHANT"  SHALL MEAN A PERSON WHO DEALS IN GOODS OF THE KIND OR
   10  OTHERWISE BY HIS OR HER OCCUPATION  HOLDS  HIMSELF  OR  HERSELF  OUT  AS
   11  HAVING  KNOWLEDGE OR SKILL PARTICULAR TO THE PRACTICES OR GOODS INVOLVED
   12  IN THE TRANSACTION OR TO WHOM SUCH KNOWLEDGE OR SKILL MAY BE  ATTRIBUTED
   13  BY HIS OR HER EMPLOYMENT OF AN AGENT OR BROKER OR OTHER INTERMEDIARY WHO
   14  BY  HIS  OR  HER  OCCUPATION HOLDS HIMSELF OR HERSELF OUT AS HAVING SUCH
   15  KNOWLEDGE OR SKILL.
   16    (D) "EXPIRATION DATE" SHALL MEAN THE DATE LISTED  ON  THE  ITEM  AFTER
   17  WHICH THE GOODS DECLINE IN QUALITY, FRESHNESS, EFFICACY OR UTILITY.
   18    2. (A) NO MERCHANT SHALL OFFER GOODS FOR RETAIL SALE AFTER THEIR EXPI-
   19  RATION DATE, UNLESS SUCH GOODS ARE SEGREGATED, CLEARLY AND CONSPICUOUSLY
   20  MARKED,  AND  OFFERED AT A REDUCTION FROM THE CUSTOMARY SELLING PRICE AT
   21  WHICH IDENTICAL UNEXPIRED GOODS ARE OFFERED FOR SALE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01762-01-1
       A. 1457                             2
    1    (B) OFFERING GOODS FOR SALE  AFTER  THEIR  EXPIRATION  DATE  SHALL  BE
    2  CONSIDERED  A  VIOLATION  OF THE WARRANTY OF MERCHANTABILITY AND A MATE-
    3  RIALLY DECEPTIVE ACT, IN VIOLATION OF SECTION THREE  HUNDRED  FORTY-NINE
    4  OF THIS ARTICLE.
    5    S  2.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law.