New York § 820 - 820Unlawful practices

§ 820. 820Unlawful practices

§ 820. Unlawful practices. 1. It shall be unlawful for any retailer: (a) to knowingly sell or offer for sale, any drug or cosmetic sold over-the-counter without the need of a prescription, later than the date, if any, marked upon the label as indicative of the date beyond which the contents cannot be expected beyond reasonable doubt to be safe and effective; provided, however, that when such drug or cosmetic is identified as an outdated drug or cosmetic by segregation from regular stock or by other means, the holding of such drug or cosmetic beyond its expiration date shall not be deemed a violation of this section. When the expiration date is expressed by month and year, the expiration date shall be the last day of the month indicated; or (b) to knowingly alter, mutilate, destroy, obliterate, obstruct or remove by means of a price sticker or otherwise the whole or any part of the label or packaging, including, where applicable, the expiration date displayed thereon, of any over-the-counter drug or cosmetic. 2. For purposes of this section, the following terms shall have the following meanings: (a) "label" shall mean the label required by the statutes applicable to and regulations issued by the federal food and drug administration; and (b) "cosmetic" shall mean articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including but not limited to personal hygiene products such as deodorant, shampoo or conditioner.