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