PRINTER'S NO. 3935
No. 2673 Session of 2002
INTRODUCED BY CRUZ, YOUNGBLOOD, GEORGE, BISHOP, JAMES, TIGUE, PISTELLA, HARHAI, DALEY, TANGRETTI, McGEEHAN, MELIO AND WASHINGTON, JUNE 4, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 4, 2002
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, prohibiting the sale of food, 3 nonprescription drugs and cosmetics under certain 4 circumstances; and imposing penalties. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 18 of the Pennsylvania Consolidated 8 Statutes is amended by adding a section to read: 9 § 7331. Unlawful sale of food, nonprescription drugs and 10 cosmetics. 11 (a) General rule.--No person shall sell or offer to sell to 12 the public: 13 (1) any nonprescription drug, infant formula or baby 14 food which is subject to expiration dating requirements 15 issued by the Food and Drug Administration or other food 16 bearing an expiration date on its label or packaging if the 17 date of expiration has passed; or 18 (2) any infant formula or baby food which is subject to
1 expiration dating requirements issued by the Food and Drug 2 Administration, any nonprescription drug or cosmetic or any 3 other food bearing an expiration date on its label or 4 packaging unless that person presents, within five days of 5 the request, a written record of the purchase of that 6 product, which record or invoice shall: 7 (i) specifically identify the product being sold by 8 the product name, quantity purchased, that quantity being 9 denoted by item, box, crate, pallet or otherwise, and 10 date of purchase; and 11 (ii) contain the complete name or business name, 12 address and telephone number of the person from whom that 13 product was purchased. 14 (b) Applicability.--The provisions of subsection (a) shall 15 not apply to a transaction involving less than $50 of product 16 between persons selling that product in the same general market 17 area on the same day. 18 (c) Penalty.--A person who violates this section shall, upon 19 conviction, be sentenced: 20 (1) to a fine not to exceed $300, for a first offense; 21 (2) to a fine not to exceed $300, or a term of 22 imprisonment at not more than 90 days, or both, for a second 23 offense; or 24 (3) to a revocation of any license, including a business 25 privilege license or sales license, held by such person to 26 operate the business in which the product was sold, for a 27 third or subsequent offense. 28 Section 2. This act shall take effect in 60 days. E6L18DMS/20020H2673B3935 - 2 -