UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549

 FORM 144

 NOTICE OF PROPOSED SALE OF SECURITIES
 PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933

 ATTENTION:
 Transmit for filing 3 copies of this form concurrently with
either
 placing an order with a broker to execute sale or executing
a sale
 directly with a market maker

____________________________________________________________
______

    NBTY, Inc
1(a)NAME OF ISSUER (Please type or print)

    11-2228617
1(b)IRS IDENT. NO.

    001-31788
1(c)S.E.C. FILE NO.

    90 Orville Drive         Bohemia NY      11716
1(d)ADDRESS OF ISSUER  STREET  CITY    STATE   ZIP CODE

    (631) 567-9500
1(e)TELEPHONE

    James P. Flaherty
2(a)NAME OF PERSON FOR WHOSE ACCOUNT THE SECURITIES ARE TO
BE SOLD


2(b)IRS IDENT. NO.

    Officer
2(c)RELATIONSHIP TO ISSUER

    90 Orville Drive         Bohemia NY      11716
2(d)ADDRESS   STREET        CITY,    STATE  ZIP CODE
____________________________________________________________
_________
 INSTRUCTION: The person filing this notice should contact
 the issuer to obtain the  I.R.S. identification Number
 and the S.E.C. File Number.
____________________________________________________________
_________


    Common
3(a)Title of the Class of Securities To Be Sold

    HD Vest
    6333 N. State Highway 161
    Irving, TX 75038
3(b)Name and Address of Each Broker Through whom the
Securities
    Are To Be Offered or Each Market Maker who Is
    Acquiring the Securities


SEC USE ONLY
Broker - Dealer File Number

    24,000
3(c)Number of Shares Other units To Be Sold (See instr.3(c))

    $585,600.00
 (d)Aggregate Market Value (See instr.3(d))

    67,185,560
 (e)Number of Shares or Other Units Outstanding (See
instr.3(e))

    August 2, 2005
 (f)Approximate Date of Sale (See instr.3(f))

    NYSE
 (g)Name of Each Securities Exchange(See instr. 3(g))
____________________________________________________________
_________
 INSTRUCTIONS:
 1(a)Name of issuer
  (b)Issuer's I.R.S. Identification Number
  (c)Issuer's S.E.C. file number, if any
  (d)Issuer's address, including zip code
  (e)Issuer's telephone number including area code

 2(a)Name of person for whose account the securities are to
     be sold
  (b)Such person's I.R.S. identification number, if such a
     person is an entity
  (c)Such person's relationship to the issuer (e.g.,
officer,
     director, 10% stockholder or member of immediate family
of
     any of the foregoing)
  (d)Such person's address, including zip code
 3(a)Title of the class of securities to be sold
  (b)Name and address of each broker through whom the
     securities are intended to be sold
  (c)Number of shares or other units to be sold (if, debt
     securities, give the aggregate face amount)
  (d)Aggregate market value of the securities to be sold
     as of a specified date within 10 days are to be
     sold prior to the filing of this notice
  (e)Number of shares or other units of the class such
     person is an entity outstanding, or if debt
     securities the face amount thereof outstanding, as
     shown by the most recent report or statement
     published by the issuer
  (f)Approximate date on which the securities are to be sold
  (g)Name of each securities exchange, if any, on which
     the securities are intended to be sold

____________________________________________________________
_________
TABLE I; SECURITIES TO BE SOLD

Furnish the following information with respect to the
acquisition of
the securities to be sold and with respect to the payment of
all or
any part of the purchase price or other consideration
therefor:

____________________________________________________________
_________

     COMMON
Title of the Class

     February 11, 2002
Date you Acquired

     Exercise of Stock Options
Nature of Acquisition Transaction (if gift, also give date
donor
acquired)

     NBTY, Inc.
Name of Person from Whom Acquired

     30,000
Amount of Securities Acquired

     February 11, 2002
Date of Payment

     Cash
Nature of Payment
____________________________________________________________
_________

INSTRUCTIONS:

1.If the securities were purchased and full payment therefor
was no
  made in cash at the time of purchase, explain in the table
or in a
  note thereto the nature of the consideration given. If the
  consideration consisted of any note or other obligation,
or if
  payment was made in installments describe the arrangement
and
  state when the note or other obligation was discharged in
full
  or the last installment paid.

2.If within two years after the acquisition of the
securities the
  person for whose account they are to be sold had any short
  positions, put or other option to dispose of securities
referred
  to in paragraph (d)(3) of Rule 144, furnish full
information with
  respect thereto.

____________________________________________________________
_________
TABLE II; SECURITIES SOLD DURING THE PAST 3 MONTHS
Furnish the following information as to all securities of
the issuer
sold during the past 3 months by the person for whose
account the
securities are to be sold.

____________________________________________________________
_________



 Name and Address      Title of     Date of    Amount of
Gross
 of Seller             Securities   Sale       Securities
Proceeds
                       Sold                    Sold
 _________________     __________   ________   _________
_________

____________________________________________________________
_________


REMARKS:

INSTRUCTIONS:
See the definition of "person" in paragraph (a) of Rule 144.
Information is to be given not only as to the person for
whose
account the securities are to be sold but also as to all
other
persons included in that definition. In addition,
information
shall be given as to sales by all persons whose sales are
required by paragraph (e) of Rule 144 to be aggregated with
sales for the account of the person filing this notice.

ATTENTION:
The person for whose account the securities to which this
notice
relates are to be sold hereby represents by signing this
notice
that he does not know any material adverse information in
regard to the current and prospective operations of the
Issuer
of the securities to be sold which has not been publicly
disclosed.


 August 1, 2005     /s/ James P. Flaherty
________________
______________________________________________
DATE OF NOTICE      (SIGNATURE)

The notice shall be signed by the person for whose account
the
securities are to be sold. At least one copy of the notice
shall
be manually signed.  Any copies not manually signed shall
bear
typed or printed signatures

ATTENTION:
Intentional misstatements or omission of facts constitute
Federal Criminal Violations (See 18 U.S.C. 1001)