S04151 Summary:

BILL NOS04151
 
SAME ASNo same as
 
SPONSORKLEIN
 
COSPNSR
 
MLTSPNSR
 
Add Art 2-B SS290 - 293, Pub Health L
 
Regulates the sale and distribution of sports dietary supplements; defines sports dietary supplements as dietary supplements that are sold, marketed or distributed to enhance human physical performance or to increase a person's metabolism, but not including supplements in liquid form and containing caffeine; requires provision of information pamphlets with each sports dietary supplement; prohibits provision of sports dietary supplements to children under 18 years of age; provides that violations of such provisions shall constitute violations as defined in the penal law.
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S04151 Actions:

BILL NOS04151
 
03/12/2013REFERRED TO HEALTH
01/08/2014REFERRED TO HEALTH
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S04151 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4151
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     March 12, 2013
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law, in  relation  to  regulating  the
          sale of sports dietary supplements
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  article
     2  2-B to read as follows:
     3                                 ARTICLE 2-B
     4                         SPORTS DIETARY SUPPLEMENTS
     5  Section 290. Definitions.
     6          291. Disclosure; sports dietary supplements.
     7          292. Sale or distribution to minors; prohibition.
     8          293. Penalties.
     9    § 290. Definitions. As used in this article, the following terms shall
    10  have the following meanings:
    11    1.  "Dietary  supplement" means a product (other than tobacco) that is
    12  (a) intended to supplement the diet and that bears or  contains  one  or
    13  more of the following dietary ingredients: a vitamin, a mineral, an herb

    14  or  other botanical, an amino acid, a dietary substance for the use by a
    15  person to supplement the diet by increasing the total daily intake, or a
    16  concentrate, metabolite, constituent, extract or combinations  of  these
    17  ingredients;  (b)  intended  for  ingestion  in pill, capsule, tablet or
    18  liquid form; and (c) labeled as a "dietary supplement" pursuant  to  the
    19  Federal  Dietary  Supplement Health and Education Act, 21 U.S.C. 321, as
    20  amended.
    21    2. "Sports dietary supplement" means a dietary supplement, having more
    22  than one ingredient, which is sold, marketed or distributed to enhance a
    23  person's physical performance or  to  increase  a  person's  metabolism;
    24  provided,  however, that such term shall not include any dietary supple-

    25  ment in liquid form and containing caffeine.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09190-04-3

        S. 4151                             2
 
     1    3. "Synthetic botanical" means  an  ingredient  that  is  a  botanical
     2  ingredient that is synthesized through human manufacturing practices and
     3  that is not extracted from a plant or herb.
     4    §  291. Disclosure; sports dietary supplements. 1. Every person, firm,
     5  corporation, partnership,  association,  limited  liability  company  or
     6  other  entity  which  sells,  offers for sale or gives away, as either a

     7  retail or wholesale promotion,  any  sports  dietary  supplement,  shall
     8  provide  to  each  individual,  to  whom a dietary supplement is sold or
     9  given away, a pamphlet produced by the manufacturer  or  distributor  of
    10  such supplement, which shall include, but not be limited to, the follow-
    11  ing information:
    12    (a)  whether  the  sports  dietary  supplement  contains any synthetic
    13  botanical ingredient, and identify each such ingredient;
    14    (b) whether any ingredient in the sports dietary supplement  has  been
    15  banned from use by any of the following organizations:
    16    (i) the United States Anti-Doping Agency (USADA),
    17    (ii) the World Anti-Doping Agency (WADA),
    18    (iii) Major League Baseball (MLB),

    19    (iv) the National Football League (NFL),
    20    (v) the National Hockey League (NHL),
    21    (vi) the National Basketball Association (NBA),
    22    (vii) the National Association for Stock Car Auto Racing (NASCAR), and
    23    (viii) the National Collegiate Athletic Association (NCAA);
    24    (c)  any known negative adverse effects and any known herb-drug inter-
    25  actions that could result from the use of such  sports  dietary  supple-
    26  ment; and
    27    (d)  such additional information as the commissioner shall deem neces-
    28  sary.
    29    2. The commissioner shall promulgate such  rules  and  regulations  as
    30  shall  be necessary to implement the provisions of this section, includ-

    31  ing the form, content, size and clarity of the language of the pamphlets
    32  required by subdivision one of this section.
    33    § 292. Sale or distribution to minors; prohibition.  No person,  firm,
    34  corporation,  partnership,  association,  limited  liability  company or
    35  other entity shall sell, offer for sale or give away, as either a retail
    36  or wholesale promotion, any sports dietary supplement to a  child  under
    37  eighteen years of age.
    38    §  293.  Penalties.    A  violation of this article shall constitute a
    39  violation as defined in the penal law.
    40    § 2. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law; provided, that, effective  immediately,  any

    42  rules  and regulations necessary to implement the provisions of this act
    43  on its effective date are authorized to be completed on or  before  such
    44  date.
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