Subchapter 18 - PROHIBITION ON THE SALE OF EXPIRED OVER-THE-COUNTER MEDICATION

Section 20-821

Section 20-821

  §  20-821  Definitions. For purposes of this subchapter, the following
definitions shall apply:
  a. "Over-the-counter medication" means a drug, as defined  by  section
71.03(b)  of  the  New  York  city health code, which does not require a
prescription.
  b.  "Person"  means  any  natural  person,  firm,  partnership,  joint
venture, corporation or association.

Section 20-822

Section 20-822

  § 20-822 Prohibited conduct and violations.
  a.   It   shall   be   unlawful   to  sell  or  offer  for  sale,  any
over-the-counter medication, later than the date, if  any,  marked  upon
the  label as indicative of the date beyond which the contents cannot be
expected to be safe and effective.
  b. Violations. A person violating section 20-822  of  this  subchapter
shall  be  guilty  of a violation punishable by a fine not to exceed two
hundred and fifty dollars for the first violation  and  a  fine  not  to
exceed five hundred dollars for any subsequent violation. In addition to
such penalties, any person who violates this section shall be liable for
a  civil  penalty of not less than one hundred dollars nor more than two
hundred and fifty dollars for the first violation and of not  less  than
two  hundred  and  fifty  dollars nor more than five hundred dollars for
each subsequent violation. For purposes of this subdivision, each  group
of  identical  over-the-counter  medication  subject  to this subchapter
marked with the same date shall constitute a single violation.  However,
where  the expired over-the-counter medication is sold to a person, each
sale shall constitute a separate violation under this section. Penalties
shall be enforced in accordance with subdivision g of section twenty-two
hundred and three of the charter of the city of New York.

Section 20-823

Section 20-823

  § 20-823 Enforcement. The department, the police department, and other
agencies  designated  by  the commissioner are authorized to enforce the
provisions of this subchapter.