N.Y. General Business Law § 820: Unlawful 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identified as an outdated drug or cosmetic by segregation from regular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.