H0523B2634A03841       DMS:JMM 10/24/07    #90             A03841
                        AMENDMENTS TO HOUSE BILL NO. 523
                                    Sponsor:  REPRESENTATIVE CRUZ
                                           Printer's No. 2634

     1       Amend Title, page 1, line 3, by removing the period after
     2    "counterfeiting" and inserting
     3               ; prohibiting the sale of food, nonprescription drugs
     4               and cosmetics under certain circumstances; and
     5               imposing penalties.

     6       Amend Bill, page 6, by inserting after line 30
     7       Section 2.  Title 18 is amended by adding a section to read:
     8    § 7331.  Unlawful sale of food, nonprescription drugs and
     9               cosmetics.
    10       (a)  General rule.--No person shall sell or offer to sell to
    11    the public:
    12           (1)  any nonprescription drug, infant formula or baby
    13       food which is subject to expiration dating requirements
    14       issued by the Food and Drug Administration or other food
    15       bearing an expiration date on its label or packaging if the
    16       date of expiration has passed; or
    17           (2)  any infant formula or baby food which is subject to
    18       expiration dating requirements issued by the Food and Drug
    19       Administration, any nonprescription drug or cosmetic or any
    20       other food bearing an expiration date on its label or
    21       packaging unless that person presents, within five days of
    22       the request, a written record of the purchase of that
    23       product, which record or invoice shall:
    24               (i)  specifically identify the product being sold by
    25           the product name, quantity purchased, that quantity being
    26           denoted by item, box, crate, pallet or otherwise, and
    27           date of purchase; and
    28               (ii)  contain the complete name or business name,
    29           address and telephone number of the person from whom that
    30           product was purchased.
    31       (b)  Applicability.--The provisions of subsection (a) shall
    32    not apply to a transaction involving less than $50 of product
    33    between persons selling that product in the same general market
    34    area on the same day.
    35       (c)  Penalty.--A person who violates this section shall, upon
    36    conviction, be sentenced to:
    37           (1)  a fine not to exceed $300, for a first offense;
    38           (2)  a fine not to exceed $300, or a term of imprisonment
    39       for not more than 90 days, or both, for a second offense; or
    40           (3)  a revocation of any license, including a business

     1       privilege license or sales license, held by such person to
     2       operate the business in which the product was sold, for a
     3       third or subsequent offense.

     4       Amend Sec. 2, page 7, line 1, by striking out "2" and
     5    inserting
     6               3

















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